Terms and Conditions of Use Digikeijs B.V.
Article 1 - General
The private company Digikeijs B.V. is registered at the Chamber of Commerce under number 71393943 and is established at the Ambachtsmark 71 (1355EE) in Almere, hereinafter referred to as: Digikeijs. Digikeijs is the provider of the Digikeijs application of which User may make use. By using the Digikeijs application, the User agrees to these Terms and Conditions of Use.
The User must accept these conditions before using the Digikeijs application. If the User does not agree to these Terms and Conditions of Use, Digikeijs requests the User not to use this Digikeijs application any further. Digikeijs recommends that anyone using the Digikeijs application regularly review the conditions in the event of any changes.
If one or more provisions of these conditions are null and void in part or in whole, the remaining provisions of these conditions shall remain in effect and will the null and void provision(s) shall be replaced by a provision with the same purport as the original provision. Any ambiguities about the content, interpretation or situations not provided for in these conditions, must be assessed and explained in the spirit of these conditions.
By using the Digikeijs application, the User agrees that Digikeijs communicates the services to the User by means of messages (including electronic communication).
Article 2 - Privacy, data processing and security
Digikeijs will treat the (personal) data of the User with due care. Processing of personal data will take place solely within the context of the performance of Digikeijs’ Service. Digikeijs not process the personal data for any other purpose and will never store them longer than necessary. More information can be found in Digikeijs’ Privacy Statement.
Article 3 - Use of the Digikeijs application
- Digikeijs shall make every effort to make the Digikeijs application available to the User. All services are performed on the basis of an best-efforts obligation. The Digikeijs application may only be used in combination with the products offered by Digikeijs.
- The User is responsible at all times for all data and information that he places or has placed on its account and/or on the Digikeijs application. If the User suspects that the information he has provided is incorrect or incomplete, the User shall notify Digikeijs immediately and provide the correct information. The User is responsible for keeping his data up to date and may amend his data in his own account to this end.
- Digikeijs may impose further restrictions or conditions on the access to and use of certain parts or functions of the application such as but not limited to creating an account, the completion of a verification process and/or compliance with specific quality or suitability criteria.
Article 4 - Obligations when using the Digikeijs application
- The User is at all times independently responsible for the use of the Digikeijs application. The User undertakes to adhere to the following regulations during the use of the Digikeijs application. The User shall refrain from using the Digikeijs application:
- to use manual or automated software, equipment or other processes index or scrape the data used within the Digikeijs application on the internet;
- in a way that constitutes illegal activities or activities that are contrary to morality or public order;
- to copy (parts of) the Digikeijs application,
- to otherwise damage the interests of Digikeijs.
- In the event of (possible) criminal acts, Digikeijs shall be authorised to report these acts and to submit the data provided by the User to the competent authorities, as well as to carry out all acts required of it within the scope of the investigation. Digikeijs is authorised to deny the User access to the Digikeijs application and/or terminate its use of the Digikeijs application.
- In addition to the obligations imposed by law, any damage caused by incompetence or failure to act in accordance with the aforementioned points shall be at the expense and risk of the User.
- The User is responsible for the proper security of the (mobile) device on which he uses the Digikeijs application, for the security and confidentiality of his own login details.
- The User may create an account in order to use the application. If the User creates an account, Digikeijs will be able to see what the User does with the application.
- The account can be registered with an email address and a password, unless indicated otherwise.
- The User undertakes to provide correct and complete information when registering the account and to keep the account up-to-date at all times.
- The User is responsible for his or her login details and must not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or there is possible unauthorised use of the account, the User must contact Digikeijs immediately. The User is personally liable for all activities carried out with his/her own account unless the User can demonstrate that he/she has not been in breach (failure to report the unauthorised use or loss of login details).
- The User can link a Digikeijs product to the application. If the User has an account, the User can use the account to see which products have been linked.
- may control, update and configure the coupled product with the application.
Article 5 - Access
- All information and figures shown on the Digikeijs application are subject to spelling and typing errors.
- The User shall ensure that all data indicated by Digikeijs as being necessary or that the User should reasonably understand to be necessary to access and/or use the Digikeijs application, is provided to Digikeijs in a timely manner.
- Digikeijs is not liable for damage, of any nature whatsoever, that has occurred as a result of Digikeijs’ having used incorrect and/or incomplete data provided by the User, unless Digikeijs was aware of this incorrectness or incompleteness.
Article 6 - Availability of the Digikeijs application
Digikeijs cannot guarantee that the services will always meet the expectations set in advance. Digikeijs shall endeavour, as far as possible, to offer the Digikeijs application and access to the Digikeijs application to the User without interruption but cannot guarantee the full availability of the Digikeijs application at all times. Digikeijs is entitled to suspend the use of the Digikeijs application if and to the extent that, in its opinion, there is a danger to the flawless functioning of the Digikeijs application. Digikeijs is furthermore entitled to take all measures it deems reasonably necessary to ensure proper functioning of the Digikeijs application.
Article 7 - Notice and takedown
If and insofar as there is a breach on the rights of Digikeijs or third parties and/or unlawful acts by the User, Digikeijs is authorised to immediately shut down that part of the Digikeijs application or to exclude the User from its use. Digikeijs shall remove any breaching/harmful information immediately. Digikeijs is never liable for the damage suffered of any kind, as a result of the (temporary) shutdown of the service and/or the removal or transmission of data.
Article 8 - Malfunctions and repair
If and to the extent that the User encounters a technical malfunction and/or the application is not installed properly or does not work, the User can make use of remote assistance. The User can contact Digikeijs using the contact details on the Digikeijs website or at firstname.lastname@example.org.
Article 9 - Payment
The right to make use of the Digikeijs application is not subject to any payment obligations.
Article 10 - Limitation of liability
- The User shall indemnify Digikeijs from the moment that the User first makes use of the Digikeijs application against all damage caused, except for intent or gross negligence by Digikeijs.
- Digikeijs is not liable for damage that is or may be the result of (incomplete and/or incorrect) information on the Digikeijs application or on linked websites or applications.
- If the execution of the services results in liability of the part of Digikeijs against the User, such liability shall be limited to the costs incurred by Digikeijs in connection with the Agreement concerning direct damage. Direct damage is understood to mean reasonable costs incurred to limit or prevent direct damage, to determine the direct damage, the liability and the way of repair.
- Digikeijs is in no way responsible for faults and/or irregularities in the functionality of the Digikeijs application and is not liable for malfunctions or the unavailability of the Digikeijs application for any reason whatsoever or the loss and/or mutilation of the data and information provided by the User.
- Digikeijs cannot guarantee a proper and complete transmission of the contents of e-mails sent by/on behalf of Digikeijs, nor their timely receipt.
- Digikeijs is not liable for the fact that the User has not, not correctly and/or not timely received the account information. Digikeijs shall never be liable if the User has not stored his log-in and/or account information in a safe place.
- All claims of the User due to shortcomings on the part of Digikeijs shall expire if these have not been reported to Digikeijs in writing and motivated within one year. Any claim for compensation against Digikeijs must always be reported in writing, but no later than a year after the User was aware or could reasonably have been aware of the facts on which he bases his claims. After this period, such a claim shall expire.
Article 11 - Force majeure
- Digikeijs cannot be held liable if it cannot comply with its obligations as a result of force majeure, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to its fault, and for which it cannot be held accountable under the law, a juristic act or generally accepted practice.
- Force majeure shall in any case include, but is not limited the relevant definitions in the law and jurisprudence, (i) failure of suppliers or subcontractors to perform their obligations, (ii) defective goods, equipment, software or materials of third parties, (iii) government measures, (iv) electricity failure, (v) disruption of internet-services, data network and telecommunication facilities (for example as a result of: cybercrime and hacking), (vi) fire, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Digikeijs and (xi) any other situations that, in the opinion of Digikeijs, fall outside its sphere of influence and which temporarily or permanently prevent Digikeijs from fulfilling its obligations.
- Digikeijs is entitled to invoke force majeure, if the circumstance that prevents (further) compliance, occurs after Digikeijs should have fulfilled its obligation.
Article 12 - Intellectual property rights
- The User is explicitly prohibited from breaching Digikeijs’ intellectual property rights, as well as Digikeijs’ good name. All intellectual property rights and copyrights of the Digikeijs application, including the graphic designs, ideas and similar regarding the Digikeijs application belong exclusively to Digikeijs and are explicitly not transferred to the User.
- The User has a non-exclusive right to use the Digikeijs application personally and for private use.
- The software of the Digikeijs application remains at all times the property of Digikeijs. The software only works in combination with the products of Digikeijs, and in accordance with the purpose of the application. The User is prohibited from making illegible, changing or removing any indication associated with Digikeijs’ intellectual property rights or any legally obligatory (brand) markings, or indications such as the CE marking from the Digikeijs application.
Article 13 - General (sales) Terms and Conditions
The general (sales) Terms and Conditions of Digikeijs apply to the use of the Digikeijs application. If matters are not explicitly covered in these Terms and Conditions of Use, reference is made to the (contents of) the Digikeijs general (sales)Terms and Conditions.
Article 14 - Complaints
- If the User is not satisfied with the services offered through the Digikeijs application, the User is obliged to report these complaints as soon as possible, but no later than 14 days after the relevant cause of complaint having arisen. Complaints can be reported at email@example.com with the subject “Complaint”.
- The User must provide sufficient substantiation and/or explanation in order for Digikeijs to handle the complaint and declare it to be grounded.
- Digikeijs shall respond to the complaint as soon as possible, but no later than 14 days after receipt of the complaint.
- Malfunctions and/or problems resulting from improper use shall be for the expense and risk of the User.
Article 15 – Changes
Digikeijs is entitled to modify these Terms and Conditions unilaterally. The User shall be informed thereof as soon as possible. The User may in any case inspect the Terms and Conditions through the Digikeijs application.
Article 16 - Dispute settlement
- The legal relationship between Digikeijs and the User shall be governed by Dutch law.
- If a provision of these conditions proves to be void or non-binding, the Parties shall remain bound by the remaining provisions. The Parties shall replace the void and/or non-binding provision(s) by a binding provision whose purport corresponds as much as possible to the provision(s) to be replaced, within the framework of these Terms and Conditions.
- All disputes between Digikeijs and the User shall be settled by the competent court of the District Court of Almere unless provisions of mandatory law result in the jurisdiction of another court.
Almere, 10 February 2021.