Terms & Conditions

1. PARTIES AND AGREEMENT

1.1 OPGM Scandinavia AB, corporate identity number 556777-4665, Vanadisvägen 41, 113 23 Stockholm is referred to as “OPGM” in this agreement.

1.2 Individuals becoming members to the services provided by OPGM, as defined below, are referred to as the “Member” in this agreement.

1.3 Companies with a corporate membership are referred to as “Corporate Members” in this agreement. For Members the services are free of charge. Corporate Members are charged a fee based on the numbers of project leaders in the organization. Corporate Members must have at least on registered Member entitled to use the services under this agreement.

1.4 This agreement between the Member/Corporate Member and OPGM is referred to as the “Agreement”.

1.5 The Agreement consist of

  • these general terms and conditions;
  • the application form completed by the Member; 
  • the application form completed by the Corporate Member;
  • specific terms for the services posted on the website;
  • OPGM’s confirmation of the Member’s and Corporate Member’s application;
  • OPGM’s from time to time applicable price list.

1.6 Notice 1 shall mean the text “This is a document from OPGPORT.SE.” and Notice 2 shall mean the text “This document is based on a document from OPGPORT.SE”.                 

2. OPGM SERVICES

2.1 OPGM provides access to a website at www.opgport.com, (the Website) dedicated to project management and related areas (the Services). At the Website members can read and download documents, checklists, advices etc. in the area of project management. The Website contains an online communication channel enabling members to post and respond to question as well as sharing recommendations and material with other members. OPGM will continue to develop the Website and Services to keep the portal attractive for people working within the project management area.   

2.2 OPGM shall adopt reasonable measures in order to ensure that the Services are provided in a secure manner and with high availability. OPGM shall be entitled to take measures that affect the accessibility of the Services where OPGM deems such measures necessary for technical, maintenance, operational, or security reasons. The Services is provided on an “as is” basis.  

3. USE OF THE SERVICES BY MEMBERS

3.1 The Member shall provide accurate and current information about the Member when registering for membership and shall maintain such information up to date at all times.

3.2 The Member shall comply with the security and administrative regulations as notified at the registration process or by e-mail or through posting at the Website.

3.3 The Member shall not interfere with or disrupt the Website. The Member shall not transmit, submit or upload any material or software that is harmful to the Website or Members of the website. The Member shall not mirror or frame the Website or any portion thereof. Linking to the Website shall be in accordance with OPGM’s from time to time applicable linking policy.

3.4 Members shall comply with all laws and regulations when using the Services. Members shall not upload, transmit or submit any material which infringe on any third party intellectual property rights or which is libellous or otherwise unlawful or improper. The Member shall not post any advertising material or spam on the Website.

3.5 The Member shall maintain the confidentiality of its accounts and passwords and shall notify OPGM immediately of any breach or suspected breach of security or unauthorized use of its accounts or passwords.

3.6 The Member shall be fully responsible for all use of its membership and users accounts and for any activities occurring in connection with its membership and accounts.

3.7 The Member shall only use the Services and the material accessible through the Services for its own business or work. The Member shall not resell, rent or provide any other services based on the Services. The Member shall not use the Services or the material accessible through the Services to compete with OPGM. The Member’s right to use the material is described in clause 5 below.

4. THE MEMBERS MATERIAL

4.1 The Member warrants that the material (presentations, checklists, pictures etc.) which the Member upload, transmit or post on the Website does not infringe on any third party intellectual property rights or is otherwise unlawful. The Member, furthermore, warrants that the material is not libellous or improper.        

4.2 The Member grants OPGM an irrevocable, non-exclusive, royalty-free, worldwide, perpetual and transferrable right to reproduce, amend and make available to the public all material which the Member uploads, transmits or post on the Website. OPGM and its licensees are entitled to delete any copyright notices from the material and to present the material as its own.  

5. LICENSE TO USE OPG MATERIAL AND OMM 

5.1 Members shall have access to material from OPGM (OPGM Material) and material from other members (Other Members Material or OMM) and shall be entitled to use the material according to the terms below.

5.2 OPGM grants the Member a non-exclusive, non-transferrable and royalty-free right to reproduce, amend and present the OPG Material in the Member’s own business or work in Sweden. The Member undertakes to include either Notice 1 or Notice 2 in the material according to OPGM’s from time to time applicable Notice Policy. The Member’s right to reproduce, amend and present the OPG Material is limited to the term of this Agreement.

5.3 OPGM grants the Member a non-exclusive, royalty-free and non-transferrable right to reproduce, amend and present the OMM in the Member’s own business or work in Sweden. The Member is entitled to delete any copyright notices from the material and present the OMM as its own. The Member’s right to reproduce, amend and present the OMM is limited to the term of this Agreement. 

5.4 OPGM provides OMM to the Member “as is” and without any warranties, whether express or implied, including without limitation, fitness for a particular purpose, non-infringement, accuracy and reliability.

5.5 Upon termination of the Agreement the Member shall cease using the OPGM Material and OMM and shall delete all copies thereof which it has in its possession.

6. INDEMNITY BY MEMBER  

6.1 The Member shall indemnify and hold harmless OPGM from and against all claims and actions alleging that the material provided by the Member infringes any third party’s intellectual property rights. The Member shall also compensate OPGM for all costs and damages in relation to such claims and actions.

6.2 The Member shall indemnify and hold harmless OPGM from and against all claims and actions alleging that the Member has reproduced and/or used any OMM in breach of this Agreement. The Member shall also compensate OPGM for all costs and damages in relation to such claims and actions.

7. CORPORATE MEMBERS USE OF THE MATERIAL ETC.

7.1 The Corporate Member shall be entitled to reproduce, amend and present the OPGM Material and OMM Material to the same extent its Members are entitled to reproduce, amend and present the material and with the same limitations. In addition, the Corporate Member shall be entitled to delete Notice 1 and 2 from the OPGM Material and to present the material as its own. If Corporate Member makes changes to the OPGM Material, Corporate Member undertakes to either change the notice on the document from Notice 1 to Notice 2 or delete any notice referring to OPGPORT.SE from the OPGM Material.

7.2 Corporate Members shall be entitled to receive the following services from OPGM. Corporate Members shall 

i) receive information from OPGM when new versions of the OPGM Material or new OPGM Material is available; and

ii) be entitled to attend (maximum three people from Corporate Member each time) two seminars per year.   

7.3 Corporate Members shall provide accurate and current information about the corporation when registering for corporate membership and shall maintain such information up to date at all times

7.4 The Corporate Member shall not mirror or frame the Website or any portion thereof. Linking to the Website shall be in accordance with OPGM’s from time to time applicable linking policy.

7.5 The Corporate Members shall comply with all laws and regulations when using the Services.

7.6 The Corporate Member shall not resell, rent or provide any other services based on the Services. The Corporate Member shall not use the Services or the material retrieved from the Services to compete with OPGM.

7.7 The Corporate Member shall ensure that its Members comply with the Member’s obligations under this Agreement.

7.8 The Corporate Member warrants that the material (presentations, checklists, pictures etc.) which its Members upload, transmit or post on the Website does not infringe on any third party intellectual property rights or is otherwise unlawful. The Corporate Member, furthermore, warrants that the material is not libellous or improper.

7.9 The Corporate Member grants OPGM an irrevocable, non-exclusive, royalty-free, worldwide, perpetual and transferrable right to reproduce, amend and make available to the public all material which its Members uploads, transmits or post on the Website. OPGM and its licensees are entitled to delete any copyright notices from the material and to present the material as its own. 

7.10 The Corporate Member shall indemnify and hold harmless OPGM from and against all claims and actions alleging that the Material provided by any of its Members infringes any third party’s intellectual property rights. The Corporate Member shall also compensate OPGM for all costs and damages in relation to such claims and actions.

7.11 The Corporate Member shall indemnify and hold harmless OPGM from and against all claims and actions alleging that any of its Members has reproduced and/or used any OMM in breach of this Agreement. The Member shall also compensate OPGM for all costs and damages in relation to such claims and actions.

8. TERM

8.1 The agreement enters into force when the Member or Corporate Member has applied for membership and the membership has been approved by OPGM. The agreement shall continue in force until terminated by either party by giving the other party at least three months written notice.

8.2 Each party may terminate this agreement in writing with immediate effect if the other party materially breaches the terms of this agreement.

8.3 Termination of the Agreement between OPGM and Corporate Member shall not affect the Agreement between OPGM and any Member of the Corporate Member. Termination of the Agreement between a Member of a Corporate Member and OPGM shall not affect the agreement between OPGM and the Corporate Member.    

9. FEES

Corporate Members shall pay to OPGM compensation for the Services provided to the Corporate Member under this Agreement, according to OPGM’s from time to time applicable price list.

10. FORCE MAJEURE

Neither party shall be liable for any delay or failure to meet an agreed upon deadline if such delay or failure is due to any cause beyond the control of that party, including, but not limited to, restrictions of law or regulations, labour disputes (also when the party concerned is the object or a party to such an action), fires, catastrophes, acts of terror, mechanical or electronic breakdowns etc.

11. LINKS   

The Website may contain links to third party websites, databases, contents etc. OPGM does not have any control over and is not responsible for any third party websites, databases or content etc. accessible through links on the Website.

12. LIMITATION OF LIABILITY

Each party is entitled to compensation for direct damages caused by the other party’s negligence. Neither party shall be liable for any indirect or consequential damage, including but not limited to lost profit, lost production, lost savings, lost data, etc., unless caused by gross negligent or intent.

Each party’s liability shall be limited to 10 000 SEK, unless caused by gross negligent or intent. Neither party shall be entitled to compensation for damages unless claims are made in writing within three (3) months from the expiration of the Agreement.

13. NOTICE

If OPGM sends any information or notice to the Member or Corporate Member by e-mail, SMS or ordinary mail using the contact information provided by Member or Corporate Member, or by making the information available on the Website, Member/Corporate Member shall be deemed to have received the information or notice within seven (7) days after it was sent to the Member/Corporate Member or made available on the Website.

14. AMENDMENTS AND ASSIGNMENT  

14.1 OPGM shall be entitled to change or supplement these general terms and conditions. Such amendments or supplements shall be notified to the Member/Corporate Member not later than three (3) months prior to the entry into force thereof. Changes of fees shall be made by entering the changes into the price list. However, fee increases shall enter into force at the earliest after three months of the Member/Corporate Member being notified thereof.

14.2 The Member or Corporate Member may not assign or transfer the agreement to any third party.

15. PERSONAL DATA

15.1 OPGM, collects and processes personal data about the Member, such as name, e-mail address, billing address and other information provided by the Member as well as their use of the Services. OPGM collects and processes the personal data to be able to fulfill its obligations under the agreement, to improve the Services, to handle the security for the Services, to handle support matters, to inform about changes to the Services, for market surveys, to be able to fulfill legal requirements and authority decisions and for direct marketing.

15.2 OPMG uses cookies as described in the Cookie Policy on the Website.

15.3 By entering into this agreement the Member consents to the above described use of its personal data. The Member has the right annually to request information free of charge about the Member’s personal data, and can, at any time, recall his or her consent (but not to apply retroactively), request incorrect details to be rectified, or to notify that the Member does not wish to receive direct advertising from OPGM.

15.4 If marketing activities is conducted by e-mail or sms/mms, the marketing message always includes a valid address to which the Member can send a request for the marketing to cease.

16. REFERENCE

OPGM shall be entitled to use the Member and Corporate Member as reference member on the Web Site and in marketing and sales material.

17. SUB-CONTRACTORS

OPGM may use sub-contractors to perform its obligations under this agreement. If OPGM uses sub-contractors OPGM shall be responsible for the subcontractor’s work to the same extent OPGM is responsible for its own work under this agreement.

18. DISPUTE AND GOVERNING LAW

Any dispute, controversy or claim arising out of or in connection with this agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator appointed by the Institute. The place of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English. This agreement shall be governed by the substantive law of Sweden.