If this document contains the following terms with a capital letter, in singular or plural form, these terms have the following meaning:
Reedge: the Private Company with limited liability Reedge B.V., with its registered office and place of business in Rotterdam, at the Parmentierplein 20, and registered with the Dutch Chamber of Commerce under registry number 73729116.
Customer: every customer and/or natural person that does not act on behalf of a company or profession, which purchases services from the Company.
Parties: Reedge and Customer together.
Conditions: the present document, as well as possible appendices, which comprise of Reedge's user conditions.
App: the digital product and the digital service that Reedge offers.
Company: the company that uses the App from Reedge, which performs the Assignment for the Customer for professional purposes.
Assignment: the order that the Company carries out and takes care of for the Customer.
Assignment-Agreement: the agreement between Customer and Company to execute and take care of the Assignment.
Use: the Customer's use of the Reedge App.
Article 1. General provisions
1.1. These Conditions apply to every Use of the App by the Customer. By accessing or Using the App, the Customer explicitly agrees with the Conditions and all conditions these Conditions include or refer to, or possible supplementary conditions described in the App. If the Customer does not agree with these Conditions, he/she is not to visit or use the App.
1.2. Reedge explicitly rejects applicability of general or purchase conditions, conditional acceptance or other reservations of the Customer.
1.3. If Parties experience a situation that is not (explicitly) described in these Conditions, and/or an article of these Conditions is destroyed or declared void or unenforceable based on a mandatory provision, this situation is to be assessed based on these Conditions and Parties are bound to agree on a replacing provision in the nature of the destroyed or void provision.
1.4. Matters determined in clause 3 of this article, do not affect the application of the other conditions and provisions of these Conditions.
1.5. The Customer is not authorized to transfer rights and/or duties from the provisioning of services by Reedge and these Conditions to third parties, without such transfer being explicitly agreed upon in writing by both Parties.
1.6. If Reedge does not require strict observation of these Conditions, it does not mean nor imply that these stipulations are not applicable or that Reedge would lose any right to require observation of the provisions of these Conditions in other cases.
Article 2. The Assignment-Agreement and payment
2.1. The Assignment-Agreement originates between Customer and Company. Reedge is no contracting party of the Assignment-Agreement nor of other agreements or transactions between the Customer and the Company.
2.2. The data of the Company that Reedge shows is used as an indication and delivered by the Company as such. Reedge does not accept liability for the inaccuracy of the information that Company provides Customer through the use of the App.
2.3. Reedge does not accept liability for the execution of the Assignment-Agreement and the related services, including pre-contractual actions such as quotes or negotiations, or damages originating from that.
2.4. Invoicing takes place by the Company and can take place by means of the App, if available in the area of the Customer/Company. Reedge is not responsible for the inaccuracy of the invoiced services or the amount of the invoice.
2.5. Payment by the Customer is made to the Company – whether or not by means of the payment method via the App - under the conditions and in the way the Company determines.
Article 3. Registration and use of the App by the Customer
3.1. Reedge uses the App to offer the Company a platform that the Company can use to provide its services to the Customer and to fully arrange and take care of its Assignment. The Customer can use the App to check the status of services to provide and that have been provided and gets a good view of the Assignment to carry out.
3.2. The Company that concluded an Assignment-Agreement with the Customer, registers the Customer in the App, after which the Customer receives a link - at the email the Customer indicated - to activate its account and use the App.
3.3. The App is for non-commercial and personal use of the Customer, and not for company goals, except if Reedge has granted Customer specific written authorization for the commercial use of the App, for example via a contract with commercial conditions.
3.4. The Customer agrees with these Conditions before the Customer activates the account.
3.5. The Customer needs a user name and password to Use the App, which the Customer can create itself.
3.6. The Customer is responsible for the user account and login data at all times. Every Customer is to keep these data confidential and should never provide third parties with these data. Reedge can never be held liable for the loss of data and the use of the App by a third party that got to know the password or is provided with the password.
3.7. The Customer is to immediately inform Reedge if an unauthorized third party gets to know the login data or if unauthorized use of the email takes place or is aware of a violation of the security. This could possibly take place via an automatic procedure (“forgot password” and such).
3.8. When creating the account by means of the App, the Customer is to provide correct, updated and complete data. In case of changes, Customer will update these data immediately and/or submit a request with the Company to do so. If other or incorrect data is provided, Reedge preserves its right to deny the Customer access to the App. Reedge can never be held liable for shortcomings as a result of providing incorrect or incomplete data.
3.9. When activating the account, the Customer provides Reedge with its name and address, date of birth, a working phone number, gender, as well as an active email.
3.10. When activating the account, Customer is to use a valid personal email that it has regular access to. If an account is activated with someone else's email or with another email, Reedge preserves its right to close these accounts without notification and to demand the Customer to revalidate the account if Reedge believes an invalid email has been used.
3.11. Termination of the account by the Customer takes place in the way described in the App.
Article 4. Rights and duties
4.1. Reedge preserves its right to, at its discretion and for whatever reason, limit, reject or terminate a Customer's access to the App or any part of that at any moment and without previous
4.2. Reedge does not guarantee or declare that the contents of the App are correct, updated, complete and reliable, that the App works without interruptions and in a timely manner and/or does not contain any defects, errors or complies with the Customer's requirements in any way.
4.3. Reedge can change these Conditions at all times. The changed Conditions are effective from the moment these are posted. By visiting or using the App after posting changed Conditions, the Customer is considered to have accepted these changes. The Customer is recommended to read the applicable Conditions on a regular basis.
4.4. Reedge preserves its right to stop the App or apply changes and updates with regard to the App, the contents of the App or parts of it at all times and without notification in advance.
4.5. The Customer guarantees that all information it provides Reedge with, which originates from or is related to these Conditions, is true, complete and correct.
4.6. Customer informs Company immediately with all changes related to the accuracy of the information the Customer provides Company with.
4.7. The Customer does not impede or bypass the App's security and will not spread spam, viruses, malware or other inappropriate or criminal messages or information via the App.
4.9. In no case will Reedge be responsible for any direct damage, indirect damage, consequential damage, fines or special, incidental or other damage as a result of or related to, though not limited to, the access to, use of or impossibility to access or use the App, the contents of the App, even when Reedge is informed with the possibility of such damage, except and as far as such damage directly and exclusively originates from intent or gross negligence by Reedge or its subordinates, and/or if caused by circumstances that Reedge could be held accountable for based on mandatory provisions.
4.10. Reedge is never responsible for damage as a consequence of not being able to make the App available as a result of force majeure or technical interruptions.
4.11. If and as far as any liability of Reedge occurs, it is explicitly limited to the amount of the present case, covered by the liability insurance and eligible for compensation/payment.
4.12. In case of force majeure on Reedge's side, it is free to choose the execution of the services and postpone the Use of the App, without being held liable to compensate damages.
4.13. If the Customer lives in a country or state that rejects the aforementioned exclusions or limited liability like in this provision, and the choice of law in these Conditions is not applicable, such exclusions and limitations will not be applicable. In such case, the exclusion or limitation is limited to the maximum extent allowed according to the applicable law.
Article 5. Privacy and data protection
5.2. Processing personal data is part of the General Data Protection Regulation (GDPR), which the European Union uses to protect personal data and the privacy of civilians. By registering the account and approving the Conditions, Customer authorizes Reedge to collect and process its personal data. In conformity with the GDPR, Customer has the right to view, correct or remove data, as well as other rights.
5.3. Reedge's Privacy Statement contains the exact processing and goals that Reedge handles and has with regard to the Customer's personal data. The data that the Customer provides Reedge with is used to provide the services that Reedge offers by means of the App.
Article 6. Intellectual property right and user content
6.1. The Intellectual Property Rights with regard to the App, the relevant services and software, as well as all information and images, belong to Reedge and/or its licensors. These may never be copied or used without separate written authorization from Reedge, except in the cases it is legally allowed.
6.2. No part of these Conditions is intended to transfer any Intellectual Property Rights to the Customer. The Customer is allowed to Use the App, but this Use is limited to which is described in the Conditions. The Customer will not perform acts that could violate the Intellectual Property Rights of Reedge and/or its licensors.
6.3. Reedge herewith provides the Customer a non-exclusive and non-transferable user right for the duration in correspondence with article 4 of these Conditions to use the App in correspondence with the present Conditions.
6.4. Reedge is entitled to provide or revoke this user right, as intended in the previous provision, if Customer has not complied with its commitments in correspondence with the Conditions.
6.5. Information, including data, that the Customer saves or processes in the App is and remains property of the Customer. Reedge has a user right to use this information for the services that Reedge delivers via the App, including for future aspects of it.
6.6. If the Customer sends Reedge information, for example feedback about an error or a suggestion for improvement, Customer grants Reedge an unlimited and eternal user right to use this information for the App. This does not apply to information the Customer explicitly marks as confidential.
6.7. Reedge preserves its right and authorities based on the Dutch Copyright Law and other international intellectual laws and legislation. Reedge is entitled to use the information it received to perform an agreement for other goals as well, as far as it does not release confidential information of the Customer to third parties.
6.8. User content the Customer offers, including posting reviews - irrespective of the way in which the user content is offered - may not contract the law and legislation, may not violate the rights of third parties or may not be defamatory and/or unlawful towards Reedge, the Company and/or third parties.
6.9. In case of - in the view of Reedge - a violation by the Customer of matters described in provision 1, 2 and 8, the Customer is liable for any damage, such as damage originating from the violation of intellectual property rights or the goodwill and good name of Reedge.
Article 7. Applicable law and competent court
7.1. All legal relationships between Parties that these Conditions apply to, are governed by Dutch law.
7.2. Any disputes between Company and Customer, also if these originate from the (improper) Use of the App, are not part of these Conditions and can never lead to liability from Reedge.
7.3. Possible disputes originating as a result of these Conditions will, as far as imperative law does not describe it differently, first be submit to the competent court of Rotterdam (the Netherlands).