General terms and conditions
In these General terms and conditions the following definitions apply:
- General Terms and Conditions of Use: the present terms and conditions of Adver-Online.
- User: the person using Adver-Online Site and/or the services offered by Adver-Online on the Site.
- Client: the natural or legal person acting in the exercise of a profession or business that is bound by a User to an agreement with Adver-Online or a third party on the Site to provide services.
- Account: the part of the Site shielded off for personal use by the User or a third party on the Site of Adver-Online.
- Username: the name created by the User for their profile which, in addition to their password, the User can use to log in to their account.
- Data: all profiles, personal data, text, e-mail addresses, HTML codes, information, images, photos, (moving or stationary) visual material, audio material, formats, (results of) online tests, software etc., in the broadest sense of the word and irrespective of who places these, on the Site of Adver-Online.
- Site: the website of Adver-Online, which can be accessed through the domain https://connect.hrappstore.com and all other websites of Adver-Online accessible via sub level domain names related to this domain name.
- Profile: the profile created by the User with data about themselves and/or the company for which they work.
- Adver-Online: Adver-Online B.V., to the extent in which it acts through Adver-Online, having its registered offices at Herenweg 55, 2105 MC Heemstede.
- Password: a combination of letters, numbers and/or characters with which the User can log in to their account in combination with their username.
Words in the singular form also refer to the plural and vice versa. Where he/him is written, she/her should also be understood.
Applicability of conditions
- The relevant General Terms and Conditions of Use apply to each access and/or use of the Site by Users and Clients.
- By making use of (the services of and/or) the Site of Adver-Online, in any manner whatsoever, the User undertakes to adhere to these General Terms and Conditions of Use.
- These General Terms and Conditions of Use may be modified at any time by Adver-Online. In that case, the User is informed via the Site of Adver-Online about the new General Terms and Conditions of Use. If the User continues to use the Site of Adver-Online after the General Terms and Conditions of Use have been modified, the User is deemed to have accepted the new terms and conditions of use.
- The most current General Terms and Conditions of Use can at all times be consulted on the Site of Adver-Online.
The website of Adver-Online offers services of Adver-Online as well as the third-party affiliates offered to Users.
- Adver-Online grants the User, under the conditions as described in these General Terms and Conditions of Use, personal rights to view and/or use the Data placed on the Site by Adver-Online in a manner and the format in which this Data is provided by Adver-Online, all of this only and insofar as this use is not for commercial purposes.
- Every use of the Site, the Data placed thereon and/or Data placed on the Site of Adver-Online takes place for the account and risk of the User.
- The User shall present themselves and act as a diligent and responsible Internet user can be expected to present themselves and act.
- The User undertakes to comply with all applicable (privacy) laws and regulations as well as the present General Terms and Conditions of Use and/or the remaining conditions set by Adver-Online.
Unauthorised use of Site
- The User is not authorised to use the Site, Data placed on the Site and/or Data received via the (Site of) the Adver-Online for any other purpose than that described in these General Terms and Conditions. Among other things, this means that the User must adhere to the provisions made in these General Terms and Conditions.
- The User is not authorised to use the Site for sending or publicising commercial messages or messages aimed at reaching large groups of people, this in the broadest sense of the word.
- In addition, the User is not authorised to process, reproduce, copy, distribute, collect or publish the Site, Data placed on the Site and/or Data provided by the Site.
- Nor is the User authorised to disrupt (the use of) the Site or to use it for:
- placing, reproducing, in any way distributing or publicising data and information to which they are not authorised, to which third parties may have an objection, or with which any (intellectual property) rights are infringed;
- placing, reproducing, in any way distributing or publicising data and information the content of which may be considered to be in conflict with good taste or morals, or which could be understood to be such, this according to the judgement of Adver-Online;
- placing, reproducing, in any way distributing or publicising data and information that is not based on truth, this according to the judgement of Adver-Online;
- illegal matters and /or purposes.
- Finally, the User is not authorised to hinder other Users of the Site in the use of the Site, or to harm (the Site of) Adver-Online, its Users and/or third parties. This includes, among other things:
- violation of the safety or security of (the Site of) Adver-Online, or attempts to do so, in the broadest sense of the word;
- changing, deleting or disabling Data placed on the Site, in the broadest sense of the word;
- gaining access to data not intended for them;
- logging in to an account for which the User is not authorised;
- copying or in any manner modifying or altering HTML codes created for the Site by Adver-Online.
Liability for Data
- Adver-Online composes the content of the Site, including the Data placed thereupon and/or Data provided by the Site, with the utmost care. Adver-Online has no obligation to check the Data placed on the Site prior its placement.
- Regarding Data from Adver-Online itself, this Data is mostly based on sources that we can consider to be reliable, but with regard to whom the accuracy and completeness of this information cannot be guaranteed. The Data placed on the Site and/or the Data provided via the Site are only indicative and no rights may be derived from this Data. Additionally, the Data is subject to change at any time and without notice.
- Adver-Online may never be held liable for the accuracy and/or completeness of (the contents of) the Site, Data placed thereupon and/or Data provided via the Site.
- The User and/or Client who uses the Site, the Data placed thereupon and/or Data received via the Site, is liable for such use and its consequences. The User and/or Client shall indemnify Adver-Online against claims from third parties arising from use made of the Site by the User, the Data placed thereupon and/or Data received via the Site.
Access to Site, disruptions and interruptions
- Adver-Online cannot guarantee that the Site will be accessible at all times and without interruptions and is therefore not liable for loss as a consequence of technical faults, interruptions and/or disruptions in accessing the Site. In addition, Adver-Online is not liable for any adverse interference of the Site with the system and/or software of the User and/or Client.
- Adver-Online will exert all possible efforts to remedy technical shortcomings, interruptions and/or disruptions in accessing the Site as soon as possible.
- If an interruption and/or failure is caused by a User or a third party (including the Client), whose actions are attributable to the User or Client, all the attendant loss and consequences will be borne by the User or Client. The User or Client will indemnify Adver-Online in that event.
- Adver-Online is authorised to place (the use of) the Site temporarily or permanently out of service, to limit and/or terminate it without subsequently being held liable for any resultant loss.
Contact between Clients and third parties
- Adver-Online will attempt, using its Site, to put Clients in contact with third parties that provide services through the Site. Adver-Online cannot guarantee that these third parties are authorised to conclude an agreement and/or enter into legal relationships. If and to the extent that with the aid of the Site and/or services of Adver-Online, contact is established and this contact leads to any agreement and/or legal relationship between the Client and (one or more) third party/parties, Adver-Online shall never be connected as a party thereto.
- Adver-Online cannot in any way be held liable for possible loss, costs or consequences stemming from said contact between Clients and third parties and the agreements made between them and/or contracts concluded and/or legal relationships entered into. This shall be the case even if these contacts were established on the basis of actions undertaken by Adver-Online. In addition, Adver-Online can never be held liable for the actions and failure to act of its Users and/or Clients and/or third parties associated with it.
Use by (other) Users
- Adver-Online shall do all that is reasonably within its power to secure the Site against unlawful use and abuse. Adver-Online cannot guarantee that third parties (including its Users) will not make unlawful use of and/or abuse the Site (and the Data placed thereupon) and is therefore not liable.
- In addition, Adver-Online is in no way liable for the non-compliance, incomplete or incorrect compliance of its Users with these General Terms and Conditions of Use, other Adver-Online conditions and/or applicable laws and regulations (including privacy laws).
References and links
- The Site contains references and/or links to one or more third-party websites and third party websites may include references and/or links to the Site.
- References and/or links to other websites are solely intended to increase the ease of use of the Site and Adver-Online is not responsible in any way for the content of these other websites and for any consequences arising from visiting, consulting and/or using (the content of) these websites.
- If third parties include references and/or links on their websites to the Site, that does not mean that Adver-Online agrees with the content of these websites. In addition, Adver-Online in no way liable for references and/or links to the Site on other sites.
Adver-Online is not liable for any damage caused by viruses, worms, bots, Trojans and so forth if these occur on the Site and/or via its electronic communication methods (such as newsletters and information bulletins) despite the precautions taken by Adver-Online. Adver-Online is not liable if the Site is hacked or cracked, in the broadest sense, for instance, if the Site is (temporarily) inaccessible, or if the User Profile ends up in the hands of third parties and/or is changed by third parties.
Infringement of intellectual property
- The User is aware that (the Site of) Adver-Online and/or Data received or provided by the Site are potentially protected by applicable law relating to, inter alia, intellectual property rights (including copyright).
- Nothing in these General Terms and Conditions of Use or otherwise is intended to confer or transfer any intellectual property rights to the User.
- The User shall refrain from any acts which infringe on any intellectual property rights.
- The User is not allowed to remove, hide, obscure or alter any communications and/or notifications relating to intellectual property rights.
- Adver-Online is in no way liable for loss, costs, consequences and claims (including any third party claims and any associated loss, costs and consequences) arising directly or indirectly from use of the Site and/or Data provided by or through the Site.
- If and insofar as Adver-Online should nevertheless by liable in any way, the following provisions shall apply.
- The liability of Adver-Online for indirect loss, including consequential damages, loss of income, damage to reputation and/or intangible loss is excluded in all cases.
- Any liability is also limited to a maximum amount of €2,500 per incident and up to €5,000 per calendar year.
- The liability of Adver-Online shall in any case never exceed the amount paid by its insurer in the relevant case.
Compliance with the General Terms and Conditions of Use and legislation
If the User fails to meet and/or observe their obligations under these General Terms and Conditions of Use, or fails to comply with the applicable laws and regulations and/or other conditions imposed by Adver-Online, they assume full responsibility for all resulting loss, costs, consequences and claims (including claims by other Users and any associated losses, costs and consequences), in the broadest sense of the word. The User shall in that case indemnify Adver-Online.
Regarding the registration and processing of personal data supplied by the User, we refer you to the applicable privacy statement, which appears as Part I of these conditions. This privacy statement must therefore be viewed as an inseparable part of these General Terms and Conditions of Use.
Voidability and applicable law
- If one or more provisions of the General Terms and Conditions of Use are voided or declared null and void, this shall have no effect upon the validity of the remaining provisions. HP Appstore shall, in such an event, define a new provision to replace the provision that has been declared null and void, where the spirit of the provision declared null and void shall be observed as much as possible.
- These General Terms and Conditions of Use are governed by Dutch law. The court in Haarlem is considered to have exclusive jurisdiction in any dispute.