Chainels B.V., acting under the name of Chainels, (hereinafter: "Platform Provider") develops, maintains and provides an online communication service for groups of Companies.
Platform Provider makes the Platform available on behalf of the Community Management (hereinafter: "Client") for the Companies affiliated with Client. Via the Platform, Users can find relevant information about Client and other affiliated Companies and Users and therewith contact them directly.
Article 1 - Definitions
- Platform - Platform accessible via the website and various applications provided by Platform Provider on behalf of the Client and which can be used by Companies to share information.
- Community - A group of Companies, designated by Client, that makes use of the Platform.
- Company - Legal entity that runs an enterprise within the geographical area of the Community.
- User - Natural person working for a Company or residing within the geographical area of the Community.
- Administrator - User who has rights to change the Company information and to write messages on behalf of a Company.
Article 2 - Access to the Platform
- In order to gain access to the Platform, the Client creates an account for you as User.
- By logging in to the account, the User can use the Platform.
- The Company for which the User is working shall, after the allocation of an account, be responsible and liable for unauthorized use of this account and for all activities that take place in or via the account. The Client and Platform Provider shall not be responsible or liable for any damage or loss resulting from unauthorized use of this User's account.
- The User and/or the Company for which the User is working will inform the Client immediately if they notice that third parties, without their permission, have access to their account and/or the Platform via their account, or of any other infringements.
- If and insofar personal data is being processed when using the Platform, Client's Privacy Statement shall apply, which can be consulted here.
Article 3 - Changing and supplementing User and Company data
- Users can at all times view and change their account information.
- If Users change the data of a Company, the Client and Platform Provider do not guarantee the correctness and/or completeness of that data.
- If Users add new Users to a Company, they declare only to invite persons who actually work for the relevant Company and have granted permission to use their data for the purpose of creating an account for the Platform.
Article 4 - Content on the Platform
- All information (such as data files, written text, photos, videos or other images) to which User has (partial) access as part or through the use of the Platform (hereinafter: "Content") falls under the sole responsibility of the User from whom such Content originates.
- The Users retain all rights with regard to the Content, except to the extent that (intellectual property) rights of others are already attached thereto.
- The User or the Company for which the User is working, is responsible and liable for the Content placed by the User and the content thereof, and in connection therewith shall safeguard and indemnify the Client and Platform Provider for any claims from third parties, including claims for infringement of intellectual property rights.
- Within the Community, confidential Content can be shared. Users agree not to distribute the Content outside of the Community, unless explicit permission thereto has been obtained from the relevant User.
- Users who have rights to change or delete messages from others will only use these rights if this is in the interests of the Community. Users should in principle be given the opportunity to express their opinion in the Community, as long as this is not unnecessarily hurtful or otherwise unlawful.
Article 5 - Use of the Platform
- The Client grants User a non-exclusive and non-transferable right to use the Platform.
- The form and nature of the Platform may change from time to time, without prior written notice to Users and/or Companies.
- The Platform is made available 'as is'. Despite the continuous care and attention devoted to the contents and composition of the Platform, the Client and Platform Provider give no guarantees regarding the completeness, correctness or reliability of the Platform. The Client and Platform Provider do not guarantee that the Platform will be available at all times and without interruptions, malfunctions or errors, or that defects will be repaired at all times.
- The Client and Platform Provider are entitled at all times, without giving reasons and without prior explanation, to temporarily limit, suspend or terminate the provision of one or more services to Users and/or Companies, to temporarily or permanently suspend and/or delete accounts, to remove Content and/or issue a warning, in particular - but not limited thereto - if Users and/or Companies:
b. misuse the Platform;
c. perform actions that may cause damage to other Users, Companies, the Client or to Platform Provider.
- The Client may limit the number of transmissions that Users can send or receive through the Platform and/or the amount of data storage on the Platform.
- Users further agree:
a. not to seek access on the Platform, or make an attempt thereto, to services that are not made available to the User via the Platform;
b. not to undertake any activities that disrupt or interrupt the service and/or the servers and networks connected to the Platform; and
c. not to multiply, duplicate, copy, sell, trade nor resell the services which are associated with the Platform, for any purpose whatsoever.
Article 6 - Security of the Platform and accounts
- The Client and Platform Provider shall ensure appropriate technological and organizational security measures against computer viruses and other potentially harmful software in accordance with the generally applicable security rules, as well as against unauthorized use, unauthorized modification, access or distribution of (Content on) the Platform. The Client and Platform Provider are permitted in this connection to suspend or terminate access to the Platform temporarily, without being obliged to pay any compensation.
- Users themselves are responsible for keeping the password of their account that they use to gain access to the Platform confidential.
Article 7 - Liability
The Client and Platform Provider are not liable for loss of or damage to computers, data or computer and telecommunication systems, indirect damage, consequential loss, loss of profit, missed savings or damage due to business interruption as a result of use of the Platform, unless in case of conscious recklessness of the employees belonging to the Client or the Platform Provider.
Article 8 - Effective date and termination
- If the User or Companies that the User is working for no longer wants to make use of the Platform, he can inform the Client that the associated account must be removed.
Article 10 - Partial nullity
Article 11 - Disputes and applicable law
- Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
- This agreement is exclusively governed by Dutch law. Any dispute between parties will, insofar the rules of mandatory law do not prescribe otherwise, be submitted to and settled by the competent court in The Hague.