Terms and conditions
The service “Simpact” is offered over the internet by the company Simpact B.V.. The use of Simpact is subject to the below terms and conditions. Using Simpact constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Simpact B.V..
Article 1. Use of the service
1.1. The service Simpact allows you to Inform customers about Simpact and the projects Simpact works with and offer customers an account on which they can keep track of their donations and join the forum.
1.2. Simpact is free to use. However, after each use all data you entered is deleted immedately. To be able to save data for later use, and to use other advanced functions, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Simpact B.V. may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Simpact B.V. that someone else knows your password.
1.4. Simpact processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Simpact B.V. for more information.
2.1. It it is not permitted to use Simpact for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist
2.2. In addition, on Simpact it is forbidden to:
- use indecent language;
- publish information where it is unwanted (offtopic);
- publish information that is pornographic or erotic (even if legal under applicable law);
- publish information in violation of copyright or hyperlinks to such information;
- assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
- violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
- exercise commercial activities;
- and to do anything that violates applicable netiquette.
2.3. Should Simpact B.V. discover that you violate any of the above, or receive a complaint alleging the same, then Simpact B.V. may intervene to end the violation.
2.4. If in the opinion ofSimpact B.V. the continued functioning of the computer systems or network of Simpact B.V. or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Simpact B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Simpact B.V. in particular is entitled to change your contributions at its own discretion.
2.5. Simpact B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Simpact B.V. is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
Article 3. Availability and maintenance
3.1. Simpact B.V. makes no promises regarding availability of the service.
3.2. Simpact B.V. actively maintains Simpact. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. Simpact B.V. may from time to time adapt Simpact. Your feedback and suggestions are welcome but ultimately Simpact B.V. decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service Simpact, the accompanying software as well as all information and images on the website is the intellectual property of Simpact B.V.. None of these items may be copied or used without prior written permission of Simpact B.V., except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Simpact B.V. receives an unlimited license for use of this information, including the right to sell (sublicense) the information to third parties and the right to use this information for other services of Simpact B.V..
4.3. The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Simpact B.V. may decide to adapt or remove the information.
4.4. You may change or remove information you publish or store using the service at your own discretion.
4.5. If you send information to Simpact B.V., for example a bug report or suggestion for improvement, you grant Simpact B.V. a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6. Simpact B.V. shall refrain from accessing data you store or transfer usingSimpact, unless this is necessary for a good provision of the service or Simpact B.V. is forced to do so by law or order of competent authority. In these cases Simpact B.V. shall use its best efforts to limit access to the information as much as possible.
4.7. In case Simpact B.V. discovers your contributions have been copied by third parties in combination with contributions of others, then Simpact B.V. is authorized to take legal action against such copying under its own or your name. All costs must be borne by Simpact B.V. but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Simpact B.V. to act against copying of (substantially) all contributions to Simpact.
Article 5. Compensation for the service
5.1. To offer you Simpact free of charge, Simpact B.V. presents advertisements of its sponsors on Simpact.
5.2. It is not permitted to block advertisements shown to you. Simpact B.V. is entitled to suspend or block your access to the service if advertisement blocking is detected.
5.4. Payment is possible as explained further on the website.
5.5. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence Simpact B.V. shall not be liable for the use of the service or any damages in connection therewith.
6.2. Simpact B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Simpact B.V. at most two months after discovery.
6.4. In case of force majeure Simpact B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. Simpact B.V. is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Simpact B.V. shall first send a reminder mail to the e-mail address connected to your account.
Article 8. Changes to terms
8.1. Simpact B.V. may change or add to these terms and conditions as well as any prices at any time.
8.2. Simpact B.V. shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Simpact after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Simpact shall be brought before the competent Dutch court for the principal place of business of Simpact B.V..
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Simpact service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Simpact B.V. shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Simpact B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Simpact or the associated business activities.