Swedbank Business Network Terms of Use
1. General
1.1. These Terms of Use (hereinafter – the Terms) apply to the website www.businessnetwork.lv operated by Swedbank AS (registration number 40003074764, hereinafter – Swedbank ) (hereinafter – the Website).
1.2. By visiting the Website or using any information and services rendered by it or through it, you agree to these Terms. If you do not agree to these Terms, you must immediately leave the Website and discontinue the use of any services available on it.
1.3. If the terms of use of a Swedbank’s product or service contradict provisions of these Terms, the terms of use of that Swedbank’s product or service shall prevail.
2. Definitions
2.1. Service – a possibility for Customers registered with the Website to establish contacts, offer their products and services to other Swedbank customers, to purchase products and services, to send invoices, and to use other features and services available on the Website.
2.2. Customer – a legal entity, merchant or economic operator who/which is a customer of Swedbank.
2.3. User – an individual who has registered for using the Service and who has been authorised by the Customer to use the Service on their behalf.
2.4. Customer’s Business Card – the Customer's contact information and other information visible to other Users.
2.5. User’s Business Card – the User’s contact information, position in the company and other information describing the relations with the Customer and visible to other Users.
2.6. Customer’s Profile – Users attached to the Customer and information about the Customer.
2.7. Customer Profile Administrator – the User with the right to add and delete Users authorised by the Customer and attached to the Profile and to make and accept offers and conclude transactions on behalf of the Customer.
2.8. Customer’s Representative – the person entitled to represent the Customer, to perform transactions and assume liabilities on behalf of the Customer in accordance with a signature specimen-authorization set up at Swedbank.
2.9. Website – the website www.businessnetwork.lv on which the Service is available.
2.10. Swedbank – Swedbank AS, registration number 40003074764, address: Balasta dambis 15, Rīga, LV-1048.
3. Registration
3.1. To become a registered User of the Service or a Customer, the registration procedure must be complied with. The registration application must contain truthful information. If any untrue information is provided during registration, Swedbank will be entitled not to accept the registration application and/or delete any created User and/or Customer profiles.
3.2. Registration of Users:
3.2.1. Any individual (e.g. Customer’s board member, employee or any other person affiliated with the Customer) who is a user of Swedbank Internet Banking and who is approved as a User by the User Profile Administrator may register as a User for the use of the Service.
3.2.2. If the Customer profile Administrator does not approve the person as a User, Swedbank will have the right to delete the User, sending a notification thereon to the e-mail address provided by the User on the registration form.
3.3. Registration of Customers:
3.3.1. A Customer can be registered for the use of the Service by the Customer’s Representative. The Customer can be registered for the use of the Service by other person affiliated with the Customer if the registration application is approved by the Customer’s Representative in accordance with the set procedure.
3.3.2. If the Customer has been registered for the use of the Service by a person who is not entitled to represent the Customer and the Customer’s representative does not approve the Customer’s registration for the Service, Swedbank will have the right to delete the Customer Profile by sending a notification thereon to the e-mail address provided by the User in the registration form.
3.3.3. After Customer’s registration with the Website, Swedbank will be entitled to verify the data of the provided Customer’s and Customer’s Representative’s against the data held by Swedbank. If any inconsistency is found in the data provided, Swedbank will contact the Customer’s Representative to verify the data or delete the Customer Profile.
3.3.4. The Customer’s Representative who registers the Customer will become the Customer Profile Administrator. Thereafter, the granting or cancelling the right of Customer Profile Administrator shall be done in accordance with the Terms.
3.3.5. Swedbank may refuse to accept the registration of a Customer without explaining the reason for doing so.
4. Rights and Obligations of Customers and Users
4.1. The Customer Profile shall be created (entering information, Accepting and making offers etc) by Users authorised by the Customer and attached to the Customer Profile. The Customer and the Users are responsible for the truthfulness of the information entered and its compliance with the legislation and generally accepted ethical norms. The Customer’s business card will be created by the Customer Profile Administrator.
4.2. The User profile and business card will be created by the User themselves. Only and solely the User's own data may be entered in the User Profile.
4.3. The data provided in the Customer and User profiles (name and other information) must be true.
4.4. Several users may be registered in one Customer Profile.
4.5. The Customer and the User shall be fully liable for any information placed on the Website or sent to other Website users by them, including but not limited to profile data, business card data, photos, e-mail correspondence, videos, audio materials (if these formats are permitted by Website offer) and assume complete liability for any consequences (including legal ones) arising from placing or sending the same.
4.6. The Customer may have one or several Customer Profile Administrators, who, in addition to all the User Rights, shall also have the following rights:
4.6.1. to add, remove and/or delete Users attached to the Customer;
4.6.2. to change the status of other users, inter alia to the status “Customer Profile Administrator”, i.e. assign the Customer Profile Administrator rights to the User, who then acquires all the rights listed under Clause 4.5 hereof;
4.6.3. in using the Service, to make and accept offers and conclude transactions on behalf of the Customer.
4.7. The Customer, by assigning the Customer Profile Administrator right to the User, authorises them, with the right to delegate that authority, to perform the actions listed under Clause 4.5 hereof.
4.8. The Customer is aware that the Customer Profile Administrator, by using the Service, may make offers to other Customers and accept offers from other Customers and assume various liabilities on behalf of the Customer.
4.9. If the Customer Profile Administrator approves the User, it means that the Customer has authorised the User to use the Service on behalf of the Customer.
4.10. The Customer can revoke authorisations granted to a User (including Customer Profile Administrator) only if the Customer Profile Administrator deletes the respective User or removes from the Customer Profile.
4.11. The Customer shall be liable for all activities, offers and the like performed or made by a User during or through using the Service and shall assume all the related legal consequences, including due and punctual performance of assumed obligations, provision of services, payment of invoices etc. and for the compliance thereof with legislation.
4.12. The Customer is aware that the maker of an offer is responsible for that offer, and if an offer is made by a User attached to the Customer also the Customer will be responsible for the offer made.
4.13. By registering for the Service, the User declares their affiliation with the Customer. Swedbank only verifies affiliation with the Customer of the Customer representative who registers the Customer (not the authorisation to represent the Customer) upon registration. Thereafter, the administration (adding, deleting, assigning rights etc.) of the User and other Users attached to the Customer Profile shall be done by the Customer Profile Administrator. Swedbank shall not thereafter verify and approve that the Users (including those who registered the Customer) are the Customer's employees, are affiliated with the Customer or are duly authorised to represent the Customer and assume liabilities on its behalf.
4.14. Prior to accepting offers made by other Customers or relying in any way on any information published on the Website, the User shall make sure that the information or offer is true, that the maker of the offer is able to fulfil it and is entitled (inter alia, duly authorised) to make the offer, as well as of their own right (inter alia authorisation) to accept the offer and assume the associated liabilities.
4.15. Prior to making an offer, publishing information and other activities on the Website, the User shall be obliged to make sure that the offer, information and other data are correct and that they are duly entitled and authorised to make the offer or publish the information.
4.16. Customers and Users are prohibited from:
4.16.1. creating so-called ‘fake’ profiles, i.e. profiles in which the User includes data not of themselves but of another (including non-existent) person or company whom the User is not entitled to represent. When any fake profiles are found, Swedbank will be entitled to delete them and their creators’ profiles without delay and without prior notice and to deny access to the Service;
4.16.2. performing activities, placing or sending to other Users any information (including video and audio materials and links or references to such information):
4.16.2.1. the placement or sending of which infringes or violates intellectual property rights (copyrights etc.) of third parties;
4.16.2.2. which constitutes any insult to or defamation of a person;
4.16.2.3. which incites violence, racial hatred or encourages other unlawful acts;
4.16.2.4. which is vulgar, libellous or injurious in any other way or violates norms of ethics;
4.16.2.5. which contains computer viruses or is created with the aim to harm the operation (security) of computers and electronic communication software;
4.16.2.6. which constitutes junk mail, spam, chain letters or unsolicited advertising;
4.16.2.7. which is pornographic or excessively erotic;
4.16.2.8. which violates the legislation of the Republic of Latvia;
4.16.2.9. which is in contradiction with good virtues, is connected gambling, trade in weapons, violence etc.
4.16.2.10. which affects or might affect normal functioning and safety of the Service and the Website;
4.16.3. making offers:
4.16.3.1. which the Customer is not able to fulfil or deliver;
4.16.3.2. which violate the legislation of the Republic of Latvia;
4.16.3.3. which are in contradiction with good virtues;
4.16.3.4. which are connected with gambling, trade in weapons, violence etc.
4.16.3.5. which infringe or violate the lawful rights of Swedbank or third persons.
4.17. The Customer and the User must not disclose to other persons their data related to accessing the Service (passwords, codes etc).
4.18. The Customer Profile Administrator may delete and/or detach Users from the Customer Profile.
4.19. Information accessible in the User Profile may be accessible to other Users of the Customer. After detaching a User from the Customer Profile or deleting a User Profile, the information present in the User Profile as of detaching or deleting will remain available to the Customer and the Users attached to it.
4.20. The User is aware that, by registering for the Service, they disclose to other persons the information that the User and the Customer are Swedbank's customers and agree that the information that the User and the Customer are Swedbank's customers and any other information provided in the Customer and User profiles and business cards is available to third persons (inter alia other Users), and waives any claims in this respect to Swedbank.
4.21. By registering for the Service, the User agrees, voluntarily and expressly, to receive commercial messages from Swedbank and its cooperation partners to the e-mail address and mobile phone number provided by the User. The User shall be entitled to refuse from receiving commercial messages.
4.22. The Customer and the User shall do everything required to ensure that the legal interests of Swedbank are protected against all and any third parties’ claims or complaints against Swedbank and in any way related to the use of the Service and the Website by the Customer and/or User.
4.23. The Customer and the User shall only use secure (licensed, registered, duly protected, generally known and recognised) electronic communication providers, electronic communication networks, domains, communication and data transmission equipment, devices, components of devices, and software. The Customer and the User shall take caution in using confidential information and use reasonable security measures in selecting and using electronic communication providers, electronic communication networks, highest and other level domains, numbering plan, operating system, applications and means of physical and logical security.
5. Rights and Obligations of Swedbank
5.1. Any recommendations, warnings and offers provided by Swedbank are general and based on the data registered in the Service system and estimates made by Swedbank as well as information provided by the Customer and Service settings. The Customer and the User are responsible for any conclusions made and the resulting activities in using the Service.
5.2. If a violation of Clause 4.16 hereof is established, Swedbank will be entitled to delete the relevant information and delete the profile of the person who placed the information (both User and Customer) or temporarily disable access to it.
5.3. Swedbank is entitled to delete any information that in the view of Swedbank violates the Terms, is detrimental to the interests of Swedbank or does not comply with the purpose of the Service.
5.4. Swedbank is entitled, at its sole discretion, without indemnifying for any damages and without any prior notice, to delete any User or Customer business card or profile, terminate or restrict the User's access to the Service.
5.5. Swedbank is entitled to offer the Customers and Users its own and third parties’ services and send commercial messages to the e-mail addresses and mobile phone numbers provided in the Customer and User profiles.
5.6. The Customer and the User agrees that Swedbank is entitled to verify the identity of the Customer and the User, inter alia verify the data provided by the Customer or the User in databases maintained by third parties or to receive information on the Customer and the User from third parties.
6. Restrictions of Using the Service and the Website
6.1. The Service may only be used by Users who have a valid Remote Banking Services Agreement with Swedbank for the use of the Internet Banking service and valid Internet Banking user credentials.
6.2. To use the Service, the User must authenticate themselves on the Website with their Internet Banking user credentials.
6.3. Information on the Website may be modified or removed without prior notice. Swedbank does not guarantee that the Website and/or services provided through it on the Internet will operate without errors and interruption.
6.4. The Website and the Service are not intended for persons who, under applicable legislation, are prohibited from accessing the Service or the Website or the use thereof due to the person’s nationality, location or residence. Persons who are denied access to the Service or the information placed on the Website and persons who are in doubt whether their access to the Service or the Website or use thereof is allowed will be asked to leave the Website.
7. Disclaimer
7.1. The contents of the Website is provided on as-is basis. Swedbank or third parties do not provide any guaranties regarding the Website or its contents. Swedbank may not be held liable for any expenses, losses or damages (direct, indirect, special, incidental, consequential, indemnification of damage with the purpose to penalize or warn, including but not limited to financial losses and unearned profit) resulting in any way in connection with visiting or using the Website, even if Swedbank had been aware of deficiencies in the Website or its contents.
7.2. Swedbank is not liable for any information and offers placed by Users on the Website, made or sent to each other using the Service, and any consequences (including legal) arising from placing or sending the information. Swedbank is not liable for any offers made and invoices sent by the Customers as well as for any liabilities existing between Customers that they have assumed by using the Service, i.e. nor performance thereof, nor compliance therewith.
7.3. Swedbank is not liable for availability of the Service and the Website, communication among the Customer and the Users, any technical failures in the operation of the Website and the Service, and modifications in the Customer or User profile data due to unauthorized access. The entire operation of the Website and the Service (including any other services available on it) is offered on as-is basis and without any guarantees by Swedbank. Swedbank is not liable for any damage incurred by the Customer or the Users in connection with the use of the Service, the Website and any services available on it.
7.4. All the information available on the Website to the Customers and Users has been entered by Users themselves or calculated based on the information available on the Website. Swedbank does not automatically verify the entered information against other databases or data available in other information systems. The Website is not linked with any other Swedbank's information systems, except authentication of Users.
7.5. If the Customer or User is prohibited from accessing the Service or if it is restricted or if the Customer or User profile is deleted, the Customer and/or User shall not be refunded any payments made in connection with the Service or the paid services available on the Website.
8. Copyright and Trademarks
8.1. Swedbank or third parties, if expressly stated so, will retain the ownership, copyright and all other intangible rights to the Website, the Service and the copyrighted items used on it. All copyrights are protected in all countries. It is prohibited, in full or in part, to publish, reproduce, transfer or store the contents of the Website unless the holder of the title, copyright or other intellectual rights has given their consent to the same. This prohibition does not apply to storing information on a computer or printing for solely personal use. The contents may be quoted in accordance with applicable copyright legislation. If the content is quoted, its source must be specified, and it is prohibited to reproduce, publish or distribute any trademarks or logos included on the Website without prior written consent from the respective owner of the trademark or logo.
8.2. In discussion forums and virtual chat rooms and the like, members may only provide materials they hold the copyright to or for which they have obtained relevant rights. It will be considered that, at the time of submitting the material, the member who places the material, has agreed that Swedbank stores, distributes and publishes the respective material in electronic or any other form.
9. Links
9.1. If Swedbank provides links to websites of third persons, such links will not be considered an endorsement by Swedbank or a recommendation by Swedbank of any of the services or products provided on the relevant websites or through them. The Customer, the User and the Website visitor assumes any risk associated with using such links, and Swedbank does not assume any liability for the contents, use or availability of such websites. Swedbank has not verified the truthfulness, accuracy, justification, correctness or completeness of any such websites.
9.2. All and any materials under links shall be opened in an individual window, not on the Website, and they may not be linked to any other website's trademark or logo unless a written agreement has been made on it with Swedbank in advance.
9.3. Swedbank is not liable for any links and materials, links to which have been placed by Customers and Users through the Website.
10. Cookies
10.1. The Website uses cookies - small data files that are stored on your computer’s hard drive when you visit the website. The text file contains information that is used to make the use of the relevant website more convenient for its users and promote the use of the website.
10.2. There are two types of cookies. The first type of cookies is called permanent cookies, and they store the cookie on the hard drive of your computer for a fixed time period. Swedbank uses permanent cookies to track the visitor activity on the Website and to collect statistical data.
10.3. Other type of cookies is the session cookies that are stored only temporarily for the time of your visit on the Website. To use the Service, you have to agree to the use of session cookies. Swedbank uses session cookies to ensure that you are fully able to use the Service, and they will be deleted as soon as you terminate your session on the Website or close your Internet browser.
10.4. If you do not want to accept cookies, you can change your Internet browser security settings. You may opt for not allowing the use of permanent cookies – this will affect the functionality of the Website. Please remember that you will not be able to fully use the Service without approving session cookies.
11. Personal Data Processing and Disclosure of Information
11.1. By using the service, the user agrees to the processing of their data, including the receiving of data from third parties required to provide the Service and offer services. All personal data of the Users is protected in accordance with legislation and they shall be processed in accordance with the statutory general principles for the processing of personal data.
11.2. Swedbank is the controller of personal data processing. Swedbank may delegate the processing of personal data to personal data operators, a list of who is available on www.swedbank.lv.
11.3. Swedbank has the right to transfer to third parties User and Customer data if the latter have not performed their obligations arising from the services received on the Website or has violated the Terms.
11.4. Swedbank is entitled to provide and receive information about the Customer and the User (including User’s personal data) from/to:
11.4.1. Swedbank Group companies (Swedbank AB, registered in the Swedish Companies Register under No. 502017-7753, group companies/undertakings/business units, including those registered in non-Member States of the European Economic Area);
11.4.2. which have acquired a substantial equity participation, direct or indirect, in Swedbank or in which Swedbank or any Swedbank Group company has acquired a direct or indirect participation;
11.4.3. a Swedbank and Swedbank Group company personal data protection specialist registered with the Data State Inspectorate of Latvia;
11.4.4. Swedbank personal data operators and third persons who have been charged with certain functions or with provision of services under an agreement with Swedbank if required for the provision of Swedbank’s services and operation only on need-to-know basis;
11.4.5. competent state institutions for performing their statutory functions.
12. Applicable Legislation and Jurisdiction
12.1. The Service and the application of these Terms are governed by legislation of the Republic of Latvia. Any matters not contemplated in these Terms are governed by the General Conditions of Swedbank.
12.2. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Latvia.
13. Amendment of the Terms
13.1. Swedbank may change these Terms at any time at its sole discretion, and the amendments will enter into force as from when published on the Website.
13.2. It is the duty of the User to follow any changes in the Terms on a regular basis.
