User Terms and Conditions ZIVVER

Version: 1.7
30 March 2017

Introduction
We are ZIVVER. You can find us in Amsterdam, where we are registered with the Chamber of Commerce under number: 64894665. We offer a service that enables you to exchange information in a secure and user-friendly manner.

A number of rules apply, to make the use of our service as good and secure as possible. Please read these conditions before you start using our service. The organisation where you are employed may have reached different agreements with ZIVVER. In the first place, you can contact the organisation where you are employed and that allows you to use our service. In all other cases, you can contact ZIVVER’s Service desk. You can find the contact details of the Service desk on our website (www.zivver.eu).

Article 1. Definitions

  1. Account: the personal account with which User has access to the Service.
  2. General terms and conditions: the general terms and conditions of ZIVVER that apply to the Agreement, to be found on ZIVVER’s Website.
  3. Service: the service developed by ZIVVER (whether or not partially customised), with which Users of the Service can exchange information in a secure and user-friendly manner.
  4. User: the natural person that makes use of the Service.
  5. User Terms and Conditions: the present user terms and conditions.
  6. Login details: the users name and the password that the User created independently, or that have been provided by the Organisation at the purchase of the Service, and that gives User access to the Account.
  7. Organisation: the organisation that purchases the Service from ZIVVER by entering into an Agreement with ZIVVER, where User is employed and that gives User access to the Service.
  8. Agreement: the Agreement between the Organisation and ZIVVER, on the basis of which the Service is offered.
  9. Personal data: all data that can directly or indirectly be traced to a natural person as referred to in art. 1 sub.a of the Dutch Personal Data Protection Act.
  10. Service desk: the contact point set by ZIVVER for the benefit of the Users and the Organisation.
  11. Website: www.zivver.com.

    Article 2. Applicability
  12. The Organisation where User is employed, has entered into an Agreement with ZIVVER. On the basis of this Agreement, ZIVVER enables User to make use of the Service. On the basis of the Agreement the present User Terms and Conditions apply to each use of the Service.

User Terms and Conditions ZIVVER Ltd.
Version 1.6 / 31 March 2016

2. User explicitly agrees to the User Terms and Conditions by checking the relevant box as User creates or activates his Account.

Article 3. Use of the Service

  1. For the use of the Service, User must have an Account. User can create an Account independently, or the Organisation does so for its Users.

    2. The Account is strictly personal and may only be used by User. User may not share his Account with others, including colleagues, friends, or family.

    3. User must protect the access to his Account from unauthorised use by means of a user name and password. User must keep the password strictly confidential in particular. ZIVVER may assume that all activities from the Account after logging in with User’s login details occur under the governance and supervision of User.

    4. If User suspects misuse of his Account and/or Login details, then he must report this as soon as possible to the Service desk of the Organisation where User is employed. In addition, User is obliged to take all measures in his power to stop the misuse.

    5. ZIVVER reserves the right to change the login procedure and/or the Login details if it deems this necessary in the interest of the functioning of the Service. ZIVVER shall endeavour to notify User or the Organisation in advance. Since the change of the login procedure and/or Login details may be performed to prevent (further) misuse, it is not always possible to notify User or the Organisation in advance.

    6. The Organisation where User is employed, is responsible for the selection and the purchase of hardware and other facilities for the benefit of (the use of) the Service. I.e. a computer and an Internet connection that meet the functional and technical requirements for the use of the Service.

    Article 4. Misuse of the Service

    1. It is forbidden to use the Service for activities in breach of the Dutch or of other applicable legislation and regulations. This includes, among other things, storing and distributing via the Service information that is libellous, defamatory, or racist, as well as creating an Account under another person’s name or assuming or presenting himself as another person in any other way.

    2. If ZIVVER establishes that User violates paragraph 1 of this article, or receives a complaint about this, ZIVVER may intervene to terminate the violation without any form of compensation. ZIVVER reserves the right to shut off User of the Service. ZIVVER is no case obliged to the reimbursement of any fees already paid.

    3. If, in the opinion of ZIVVER, hindrance, damage, or any other danger arise for the functioning of the computer systems or the network of ZIVVER or of third parties and/or of the service provision via the Service, in particular due to excessive sending of email or any other data, leakage of Personal data or activities, or viruses, Trojans and similar software, ZIVVER is entitled to take all measures it deems necessary to avert or prevent this danger.

    4. User determines which information is sent with the help of the Service. ZIVVER has no knowledge of this information. Therefore, User is responsible for ensuring that the information is lawful and does not violates the rights of third parties. User himself is responsible, with respect to third parties, for the proper handling of the Personal data concerning the sending of information and for the compliance with relevant legislation and regulation, including at least the Dutch Personal Data Protection Act.

    5. In the event of a suspicion of fraud or misuse of the Service, ZIVVER is entitled to hand over the Personal data of User to the competent authorities.

User Terms and Conditions ZIVVER Ltd.
Version 1.6 / 31 March 2016

6. ZIVVER is at all times authorised to report established criminal offenses. Furthermore, ZIVVER is entitled to hand over name, address, IP address and other identifying data of User to a third party who complains that User infringes their rights or these Terms and Conditions, provided the correctness of this complaint is in all fairness sufficiently plausible, there is no other way to obtain these data and the third party has an obvious interest in release of the data.

7. ZIVVER shall never be liable for damages of whatever nature suffered by User as a result of the termination of the Service or as a result of the removal of the information or the provision of Personal data. User shall indemnify ZIVVER for any type of claim, indictment or dispute of a third party in connection with (the content of) the data traffic of the information sent via the Service coming from User.

Article 5. Quality and availability of the Service

ZIVVER does not guarantee that the Service will be accessible at all times and without interruptions or failures, nor that the Service will be delivered with error and/or complete. Malfunctions in the Service may occur as a result of failures in the Internet connection, by viruses or errors/defects. If User experiences problems when using the Service, then User can report this to the Organisation where he is employed.

Article 6. Maintenance, support & modification of the Service

1. ZIVVER has the right to modify and maintain the Service of a part thereof.

2. As a result of maintenance and modification of the Service by ZIVVER, the Service may be temporarily fully or partially out of use. Maintenance can take place at any moment, even when this can lead to a limitation of the availability. ZIVVER shall try to let such a shutdown take place outside office hours as much as possible and shall endeavour to announce these limitations in usage in time via the Service.

3. ZIVVER shall endeavour to keep the software she uses for the benefit of the Service up-to-date. However, ZIVVER may depend (partially) on her supplier(s) in this.

4. ZIVVER is not obliged to compensate User for any damage caused by a limitation in the usage of the Service as a result of maintenance and/or modification of the Service.

5. For (technical) support, User can contact the Organisation where User is employed.

Article 7. Intellectual property rights

1. The Service, the corresponding software as well as all information and images are the intellectual property of ZIVVER of of her licensers. These may not be copied or used in any way without separate written permission of ZIVVER, except in the cases permitted by law.

2. Under the conditions as stated in these Terms and Conditions, ZIVVER grants User, based on and for the duration of the Agreement, a non-exclusive and non-transferable right of use to use the Service.

3. Information User sends via the Service is and remains property of User. ZIVVER obtains a right of use to process information on the use of the service aggregately and anonymised for statistical purposes. This information can in no way be traced to a person.

4. If User sends information to the Service desk, for instance feedback on an error or a suggestion for improvement, User gives ZIVVER an unlimited and perpetual right of use to use this information for the Service. This does not apply to information that User explicitly marks as confidential.

User Terms and Conditions ZIVVER Ltd
Version 1.6 / 31 March 2016

5. ZIVVER shall not take cognisance of confidential data (such as personal messages) that Customer stores, sends or otherwise processes via the Service, insofar as this is not necessary for the delivery of the Service. The foregoing does not apply if this has been explicitly agreed with ZIVVER or if ZIVVER is obliged to do so in pursuance of a legal provision or by court order. In that case, ZIVVER shall endeavour to limit the cognisance of the data as much as possible, insofar this is within its power.

Article 8. Liability & force majeure

1. Liability and the limitation thereof is regulated in the General Terms and Conditions. This regulation are fully applicable here. If User takes the view that he or his Organisation suffer damage by or due to the Service, then User must instantaneously report this to his Organisation or the Service desk.

2. Force majeure and what is meant by it is also regulated in the Agreement.

Article 9. Modification User Terms and Conditions

1. ZIVVER has the right to amend these User Terms and Conditions at any time.

2. ZIVVER shall announce the modifications or additions at least thirty (30) days prior to the date of commencement via the Service, so User can take note of this.

3. If User does not wish to accept a modification or addition in the User Terms and Conditions, then User can indicate this at this Organisation or the Service desk.

Article 10. Termination

1. Agreements concerning the duration of the Agreement have been made in the Agreement. If the Agreement expires, for whatever reason, User can and may no longer make use of the Service. The Organisation shall notify User of the end of the Agreement.

2. The User may use the the Service as long as he is employed by the Organisation, either in paid employment, or on a stand-by contract, and the Organisation purchases the Service at ZIVVER for the benefit of User.

3. If User decides he no longer wishes to use the Service, then User can confer this with the Organisation where he is employed.