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General terms

By accepting the conditions during the order procedure, you agree to the following terms and conditions for the use of online Application and the General Terms and Conditions, of ShiftPlanner.

If you enter into these terms on behalf of a company or other legal entity, you represent that you are authorized to bind the company or entity to these terms and conditions. In that case, the term means you or your relationship on this company or entity. If you are not authorized or do not agree to these terms and conditions, you must abort the ordering process.

Privacy and security; Disclosure

ShiftPlanner's privacy and security policy can be viewed at https://shiftplanner.org/privacy. For the personal data you process, you must comply with the Personal Data Protection Act (Wbp) and the General Data Protection Ordinance (AVG).

ShiftPlanner reserves the right to change its privacy and security policies at its sole discretion.

License: grants and restrictions

ShiftPlanner hereby grants you a non-exclusive, non-transferable, right to use the application, solely for your internal purposes in accordance with the terms and conditions. Subscriptions may not be shared or used by more than one individual organization.

You may not provide, sell, resell, transfer, assign the Application in subscription, distribute or otherwise use commercially or make available to third parties in any way.

Responsibilities

You are responsible for all activities that take place under your user account and you must abide by all applicable national and foreign laws, treaties and conventions, and regulations relating to your use of the Application.

Personal information and data

ShiftPlanner is not the owner of any data, information, or material that you have uploaded to the Application. sent during your use of the Application (i.e. "person data"). You, and not ShiftPlanner, are yourself responsible for this data. You will always provide the supplied data with due observance of the applicable legislation concerning the processing of personal data, including the Personal Data Protection Act. ShiftPlanner provides the Online services as a 'processor' within the meaning of the Personal Data Protection Act. ShiftPlanner is not responsible or liable for deletion, correction, destruction, damage, loss of personal data or inability to store this data.

Intellectual property

Only ShiftPlanner owns all rights, claims and interests, including all Associated Intellectual Property Rights, in and to the Software, Content and Service of the Application and any suggestions, ideas, requests for improvement, feedback, recommendations or other information submitted by you or any other party in connection with the application. The ShiftPlanner name, the ShiftPlanner logo and the product names related to the Application are trademarks of ShiftPlanner and no right or license is granted for their use.

Rates: fees and payment

ShiftPlanner reserves the right to change its prices and fees at any time and to introduce new fees, of which you will be informed by e-mail at least 30 days in advance.

Billing, extension and indexing

ShiftPlanner will charge any fees for the use of the Application per subscription period of one year in advance.

Non-payment and suspension

In addition to any other rights granted to ShiftPlanner in this document, ShiftPlanner reserves the right to suspend your access to the Application if your account has an outstanding balance (payment arrears).

Subscriptions: Termination

You can terminate a (paid) subscription yourself by closing or deleting the account. You can also notify ShiftPlanner by post or email at least one (1) month before the date of the invoice for the next term. Termination must be done by an authorized person. After confirmation ShiftPlanner will terminate the account as of the termination date. ShiftPlanner can terminate the account at least six (6) months prior to the date of the invoice for the following deadline to notify you via the application, by email or in writing. ShiftPlanner provides you with the Application available up to thirty (30) days after the termination date to your extract and secure personal data and any other data. You agree and declare that ShiftPlanner is not obliged to keep these personal data and data for more than thirty days and that this data can be deleted thirty days after the termination date.

Well-founded termination

ShiftPlanner may terminate a free account at any time at its own discretion. You agree and accept that ShiftPlanner is not obligated to keep the personal data and may delete them after 30 days.

Disclaimer of warranties

ShiftPlanner does not make any representations or warranties as to the reliability, timelessness, quality, suitability, truth, availability, accuracy or completeness of the application or any content. ShiftPlanner and its users do not declare and guarantee that (a) the use of the application is safe, timely, is uninterrupted or error-free or the application works in combination with other hardware, software, systems or data, (b) the application complies with your requirements or expectations, (c) stored data accurately or (d) the quality of products, services, data, or other information. materials purchased or obtained by you through the application shall comply with your requirements or expectations, (e) errors or malfunctions are corrected or (f) the application and the server(s) with which the application is made available, is free of viruses or other harmful components. The application and all content is provided without any warranty ("as is"). All terms and conditions, representations and warranties, tacit, implied, statutory or statutory, or otherwise, including but not limited to any implied warranty with respect to of marketability, fitness for a particular purpose or not Infringement of the rights of third parties is hereby excluded. by the deployment roster and its subscribers to the extent permitted in accordance with applicable law.

Internet delays

ShiftPlanner services may be subject to restrictions, delays and other problems that are inherent to the use of the Internet and electronic communication. ShiftPlanner is not responsible for delays, delivery failures or other damages resulting from these problems.

Liability limitation

In no event shall the total liability to any party exceed the amounts actually paid by you or owed by you in the twelve (12) months immediately preceding the event giving rise to it given until the claim. In no event shall a party and its subscribers liable to any person for indirect, punitive, special, incidental, moral, consequential or other damages of any kind (including loss of data, loss of revenue or profit or loss of use or other economic advantage) as a result of or otherwise in connection with this service, including but not limited to the use or inability to use the application, or for any content obtained from or through the application, any interruption, inaccuracy, error or omission in the content, regardless of the reason, even if the party held liable for the damage and its subscribers have been warned of such damages.

Notification

ShiftPlanner can send notifications via a general message via the Application, an e-mail to your e-mail address registered in ShiftPlanner's account details or a letter sent by post sent to the address registered in ShiftPlanner's account information. ShiftPlanner will assume that such a notification will be sent after 48 hours (if sent by post) or 12 hours (if sent by electronic mail) and will be received.  You can send a notification to ShiftPlanner at any time as you wish (whereby this notice shall be deemed to have been delivered as soon as ShiftPlanner receives it): when sent by post to ShiftPlanner at the following address: ShiftPlanner, Brederoderstraat 132, 2042 BK, ZANDVOORT, the Netherlands, for the attention of: the management.

Applicable law, competent court

In the event of any disputes, Dutch law shall apply. All disputes will be settled exclusively by the competent judge of the District Court of North Holland, location Haarlem or, at your choice, through mediation.

Modification of conditions

ShiftPlanner reserves the right to change the terms of these terms or the policy in in connection with the Application at any time. The updated version of these terms and conditions goes as soon as it is published through the application. You are solely responsible to abide by these terms and conditions on a regular basis. If you continue to use the application after such changes, it means that you will be using agrees to these amendments.

Questions or additional information: If you have any questions about these conditions or would like additional information, please send an e-mail to contact@shiftplanner.org

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