General conditions MyAnswers
When using the service MyAnswers (in the following “MyAnswers”), available on the domain names: myanswers.io or a sub-domain of it, of the company Digital Customer Care Company, registered at the Chamber of Commerce in Amsterdam under number 51825813 (in the following: “Supplier”), you will have accepted the General conditions below. The Supplier will at all times retain the right to modify the General conditions below, with or without notification. You can find the latest version of the General conditions on: http://www.myanswers.io/terms-conditions/.
- These conditions are applicable to every agreement on MyAnswers between the Supplier and you, unless agreed otherwise in writing.
- Deviations from and/or additions to these general conditions are only effective if and to the extent agreed on between the Supplier and you in writing.
- The applicability of any possible General conditions on your side is emphatically rejected.
- Non-compliance with these General conditions results in the immediate closure of your MyAnswers account.
- You must be at least 18 years old or older.
- You must be a person. Accounts registered by ‘robots’ or other computerised methods are not permitted.
- You must provide your own personal data on registration.
- Your log-in data is strictly personal and may not be shared with other people.
- You are at all times personally responsible for maintaining the confidentiality of your username and password. The Supplier cannot be held accountable for this.
- You are liable for all activities and content which are posted under your account (also for the users who are created under your account).
- It is not permitted to incorporate more than one (1) company in a MyAnswers account. It is, however, permitted to incorporate several trading names of the same company in a MyAnswers account.
- It is not permitted to use MyAnswers for unlawful purposes. You may not violate Netherlands legislation.
Payment conditions and conditions account conversion
- Payment takes place in advance per calendar month by SEPA direct debit or credit card. The additional costs that are incurred, for example for extra searches, users, or storage, are invoiced and collected retroactively.
- The SEPA direct debit is announced at least 7 days before collection by e-mail.
- When converting a free account into a paid account, the free account is directly transformed into a paid account and your free account comes to an automatic end. On the day of the conversion also your payment becomes effective.
- All listed prices are exclusive of the applicable higher VAT rate (presently 21%).
- If there is a payment delay of 3 invoices, your MyAnswers account will be temporarily closed. You will receive instructions by e-mail regarding the settlement of those invoices and with regard to when your account will be reactivated.
- If you fail to provide timely payment, you will legally fall into default. In such case, you will be owing an interest of one percent (1%) per month, unless the statutory interest is higher, in which case the statutory interest will be due. The interest on the payable amount will be calculated from the moment you have fallen into default until the moment of settlement of the entire amount owed.
- All judicial and extrajudicial collection costs, lawyer fees, judicial officers and collection agencies included, will be borne by you. The extrajudicial collection costs will be in accordance with the table applied by the courts regarding extrajudicial collection costs.
- You bear your own responsibility for cancelling your MyAnswers account. You can only cancel in the “Account” menu of your own MyAnswers environment. Another form of cancellation will not be accepted and, therefore, not processed, either.
- At the moment you cancel your MyAnswers account, the account (including payment) will be immediately discontinued. A paid MyAnswers account can be cancelled per month.
- All your data will be removed 3 months after discontinuation of your account.
Modifications to the service and rates
- The Supplier retains the right to apply modifications to MyAnswers at any moment, with or without notification.
- The Supplier retains the right to temporarily discontinue MyAnswers at any time, with or without notification, for instance in the event of maintenance.
- The Supplier retains the right to permanently terminate MyAnswers. This will be announced at least 3 calendar months in advance on https://www.myanswers.io.
- The Supplier retains the right to apply price changes for the use of MyAnswers. These price changes are announced at least one (1) calendar month in advance on www.myanswers.io.
Copyright and property of content
- MyAnswers allows you to post, link, store, share or otherwise make available certain information, text, images, videos, or other material (“Content”). You are responsible for the Content you post on MyAnswers, including the legality, reliability, and fitness of it.
- By placing Content on MyAnswers, you grant us the right and the license to use, alter, publicly apply and show, to copy, reproduce, and distribute such Content on and through MyAnswers. You will retain all your rights to all the Content you send, post or show on or through MyAnswers and you will be responsible for the protection of these rights. You agree that this license grants us the right to make your Content available to other users of MyAnswers, who may also use your Content under the present General Conditions.
- You declare and guarantee that: (i) the Content is yours (it is your property) or you have the right to use it and to grant us the rights and license as provided for by the General Conditions, and (ii) the posting of your Content on or through MyAnswers does not violate the rights to privacy and publicity, copyrights, contractual rights, or other rights of others.
- It is not permitted to (re)use HTML and/or CSS and/or pictures for proper or commercial purposes without the explicit consent of the Supplier.
Right to remove Content
- The Supplier reserves himself the right to remove Content from the databases he created for you at any moment at our own, and absolute, discretion, without prior notification.
- You acknowledge and agree that you hold exclusive responsibility for the creation of back-ups of Content which was uploaded to MyAnswers or which was received through the use of MyAnswers.
- The Supplier is not liable for the removal or failure to save such Content.
Account limitations. Every package includes account limitations. On reaching the threshold, or on exceeding one or more account limitations, MyAnswers is obligated to inform the customer accordingly, while retaining the right to automatically convert your account into the next suitable package that supports your use, unless specified otherwise.
- In case the Supplier were liable, this liability will be limited to what is stipulated in the present provision.
- The Supplier is not liable for damage, of whatever kind, occurring because the Supplier based himself on inaccurate and/or incomplete information provided by you.
- The Supplier is never liable for indirect damage, including consequential damage, loss of profit, unachieved savings, and damage due to operational stagnation.
- The Supplier is exclusively liable for direct damage. Intended by direct damage exclusively is:
- the reasonable costs to determine the cause and dimensions of the damage, to the extent the determination regards damage in the sense of the present conditions;
- the reasonable costs possibly incurred to get the defective performance of the Supplier comply with the agreement, to the extent they can be attributed to the Supplier;
- reasonable costs, incurred to prevent or reduce damage, to the extent you demonstrate that these expenses led to the reduction of direct damage as intended in the present general conditions.
- You safeguard the Supplier against any possible claims by third parties, including the cost of legal expenses, which suffer damage in connection with the implementation of the agreement, and the cause of which is attributable to others than the Supplier.
Applicable law and disputes
- To all legal relationships to which the Supplier is a party, Netherlands legislation is exclusively applicable.
- Disputes between the Supplier and you will always be exclusively settled by the competent court in the district of Amsterdam.
- The Supplier aims for the highest possible up-time. In the event of force majeure, the Supplier cannot be held accountable.
- The Supplier makes use of services (hardware, software, network, data-storage, etc.) of third parties for the provision of MyAnswers.
- You will not try to hack MyAnswers neither/nor set up websites which pretend to be a part of the Supplier or MyAnswers.
- You will not reproduce, copy, duplicate, sell or sell off parts or the entirety of MyAnswers without the emphatic permission of the Supplier.
- You will not use MyAnswers to post or send unrequested content/e-mails (SPAM).
- You will not place worms and/or viruses and/or other forms of destructive code on MyAnswers.
- The Supplier aims but does not guarantee, that: 1) MyAnswers fulfils your specific requirements, 2) MyAnswers functions properly, 3) errors in MyAnswers will be corrected.
- Questions regarding the General conditions can be submitted through the various contact options.
Versie: 13 September 2017
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