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Conditions of Electronic Use
These Conditions of Use apply to every electronic and other use of the System. Please read these Conditions carefully before using the System. By using the System, you accept the provisions of these Conditions. If you do not accept these Conditions, you may not use the System.
Article 1 – Definitions
1.1 Discover + Result BV (‘COMMUNIVISOR’): the supplier referred to in these Conditions or a business affiliated with it
1.2 User: a Client that has an Account and can therefore sign into the System and use the Applications to which party these Terms & Conditions apply,
1.3 Customer: any natural person or legal entity with which COMMUNIVISOR has concluded an agreement
1.4 Account: the personal environment within the System which is created for a User by COMMUNIVISOR after an Agreement is reached as a result of your registration for the site, and to which environment The User can obtain access after entering its Login Details via the Website.
1.5 Agreement: any agreement concluded between User and COMMUNIVISOR concerning the provision of the System and the use of the Applications;
1.6 System: the remotely accessible web-based portal, community or databank (including the information in the databank), available at https://www.communivisor.com as well as all underlying webpages, by means of which the User can access Applications.
1.7 Applications: the services as provided by COMMUNIVISOR to the Client through the System
1.8 Data: all data that are processed and made available via the System
1.9 Login Details: the name or alias and password chosen by the User in order to sign into its Account and with which credentials the User can use the System;
Article 2 –Right to use the System
2.1 COMMUNIVISOR hereby grants the User a personal, non-transferable, non-exclusive right to use the System. This right to use is limited to remote use of the System by means of electronic access via the Internet. The User may not reproduce, publicise, reuse or retrieve the System, unless insofar as necessary for the personal development, recruitment and hiring and/or as prescribed by mandatory provisions of law.
2.2 COMMUNIVISOR has instituted technical measures to protect the System. The User may not remove or circumvent such technical measures.
2.3 The User may not let, lend, lease, sublicense or grant to others any rights in the system as they are limited to you, the User. . The User furthermore may not give any third party remote or other access to the System.
2.4 The use of the System is for the User’s own account and is at User’s own risk. The use of electronic communication facilities in order to gain access to the System is also for the User’s own account and risk. COMMUNIVISOR will in no event be liable for any incidental or consequential damage, loss or costs, including loss of Data, or any inability of the User to use the System as a result of a shortcoming, defect or other malfunction of the aforesaid electronic communication facilities.
Article 3 – Data
3.1 The User warrants that the Data provided is accurate, correct and complete. The User also warrants that it is entitled to disclose all the data, including personal data, provided to [PROFILERS]. Insofar as necessary, the User hereby gives COMMUNIVISOR permission to process the personal data.
3.2 The risk of loss or theft of or damage to Data, information, software, files and/or other data of the User and/or made available to the User will at all times be borne by the User.
3.3 No warranties, including warranties for merchantability or fitness for a particular purpose are given or are implied and same are expressly excluded. By using the system, User acknowledges and agrees that it is solely liable for any resulting harm.
Article 4 – User’s obligations
4.1 The User warrants the correct and proper use of the System, with due observance of these Conditions. The User may not use the System for any acts and/or conduct contrary to the law, public order or public decency. The User’s acts and/or conduct must be in accordance with what may in all respects be expected of a responsible and diligent User.
4.2 The access, identification, Login Details or other codes made available to the User are personal. The User must safeguard those codes and keep them confidential and secure. COMMUNIVISOR will in no event be liable for any loss or costs resulting from any abuse, theft or misuses made of such codes.
Article 5 – Intellectual property rights
5.1 All intellectual or industrial property rights in respect of the System vest exclusively in COMMUNIVISOR and are protected by COMMUNIVISOR as proprietary. By providing User with access to the system, COMMUNIVISOR does not waive any of its rights of confidentiality.
5.2 The User may not change, render illegible or remove any trademark or recognition signs affixed to the System and/or any references to copyrights, trade names or other intellectual property rights, including references to its confidential nature and confidentiality, and may not modify or copy the System or any part thereof.
Article 6 – Functioning of the System
6.1 The User acknowledges and accepts that:
(a) the System will not and cannot meet all the User’s expectations;
(b) the System will not be free of errors and will not function without interruption; and
(c) not all the errors in the System will be repaired.
Article 7 – Limitation of liability and disclaimer of warranties
7.1 The System is provided “AS IS” and “WITH ALL FAULTS,” without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. COMMUNIVISOR makes no warranty that the System is free of defects or is suitable for any particular purpose. In no event shall the Licensor be responsibility for loss or damages arising from the installation or use of the System, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. The entire risk as to the quality and performance of the System is borne by you. Should the System prove defective, you and not COMMUNIVISOR assume the entire cost of any service and repair.
7.2 All claims, disputes or causes of action must be brought in a court of competent jurisdiction in the Netherlands.
7.3 This Agreement shall be construed in accordance with the law of the Netherlands.
7.4 In the event User discovers an error or defect in the System, notice of the error or defect must be provided in writing to COMMUNIVISOR within fifteen (15) days of discovery.
7.5 If any provision is if found to be invalid, this agreement shall be construed in the broadest terms deemed as valid.
7.6 By registration and use of the System, the User agrees that COMMUNIVISOR in any event, shall not be liable in any amount greater than the fee you paid COMMUNIVISOR for use of the System.
Article 8 – Duration of use of the System
8.1 The User may use the System for as long as COMMUNIVISOR gives it the right to do so.
8.2 COMMUNIVISOR may deny the User access to the System at any time without advance notice if the User fails to fulfil any obligation under these Conditions or under applicable law. COMMUNIVISOR shall deny the User access to the System if the agreement between COMMUNIVISOR and the Customer terminates for any reason whatsoever.
Article 9 – Other provisions
9.1 COMMUNIVISOR may amend these Conditions at any time. All amendment shall be effective when updated in the System. If the User continues to utilize the System, the User will be presumed to have accepted the changes if User does not accept the amendments, the User has the right to Terminate its agreement with COMMUNIVISOR by sending notice to COMMUNIVISOR in accordance with the agreement between the parties. The User undertakes to observe confidentiality with regard to all information concerning COMMUNIVISOR and/or the System that comes to its knowledge in the context of the use of the System. This obligation in any event relates to technical, financial, operational and business information of COMMUNIVISOR, and to any other information that the User knows or should know is confidential. The burden of proof that certain information of COMMUNIVISOR is not confidential is on the User. The confidentiality provisions are posted on the website.
Article 10 – Other provisions
10.1 These Conditions are governed by Dutch law. The applicability of the 1980 Vienna Sales Convention (CISG) is excluded. Any disputes arising in connection with the use of the System and/or these Conditions, except insofar as otherwise provided by law, will be settled by the competent court of Amsterdam, the Netherlands, on the understanding that COMMUNIVISOR will have the right to file claims against the User, whether or not simultaneously, before other courts of justice that are competent to hear and decide on such claims.
10.2 COMMUNIVISOR may amend these Conditions. Any such amendments must be reported to the User beforehand. If the User does not accept the amendments, it will have the right to end the use of the System within ten workdays after COMMUNIVISOR has communicated the amendments to the User.
10.3 The User undertakes to observe confidentiality with regard to all information concerning COMMUNIVISOR and/or the System that comes to its knowledge in the context of the use of the System. This obligation in any event relates to technical, financial, operational and business information of COMMUNIVISOR, and to any other information that the User knows or should know is confidential. The burden of proof that certain information of COMMUNIVISOR is not confidential is on the User.