Terms of use
LEGAL INFORMATION
The website www.softwarewatcher.nl of SoftwareWatcher is published by:
SoftwareWatcher B.V.
A private limited company (Besloten Vennootschap)
Registered office: Abel tasmanplein 1a, 9726 EK, Groningen
Dutch VAT number: NL859074535B01
Email: [email protected]
TERMS OF USE
Last update: 23-01-2020
These terms of use and the privacy policy form your agreement with SoftwareWatcher B.V. Please read them carefully; these provisions are binding as soon as you use the SoftwareWatcher website.
Please note: if you do not agree with all or some of the terms of use, you must not use the SoftwareWatcher website.
PART 1. GENERAL TERMS OF USE
Definitions
“SoftwareWatcher”: refers to the company SoftwareWatcher B.V.
“SoftwareWatcher Website”: refers to all desktop and mobile websites that can be accessed via www.softwarewatcher.nl.
“User”: Refers to any individual aged 16 or over who is able to enter into contracts and visits the SoftwareWatcher Website. Plural: “Users”.
“Software Supplier”: Refers to all parties that develop and sell software.
“Terms of Use”: refers to the general Terms of Use and all special Terms of Use.
“User Content”: Refers to all elements posted by the User on the SoftwareWatcher Website, including text, documents, images, photos, reviews or right of reply.
1. Description of the SoftwareWatcher website
1.1 Presentation of the platform
The SoftwareWatcher website is a platform that gives the User the opportunity, among other functions, to get in touch with software suppliers that can be found on the SoftwareWatcher website. In that respect SoftwareWatcher acts as an intermediary when a User gets in touch with a software supplier.
1.2 Searching for software
The SoftwareWatcher website gives the User the opportunity to search for software that fits their wishes. The SoftwareWatcher website also offers the opportunity to search for which software integrates with each other.
2 Free use of the SoftwareWatcher Website
The services offered on the SoftwareWatcher Website are free for users.
Fees may be charged if changes are made to the services offered, to the evolution of the network, the technology and/or legal requirements. Users will be duly informed of this by means of a supplement to these terms of use and/or through the addition of special conditions concerning the paid services on the SoftwareWatcher Website.
3 Websites and services of third parties
3.1 Services offered by third parties
Users acknowledge, however, that the SoftwareWatcher Website refers to paid services.
Any price or price range relating to the services of a software supplier that is posted on the SoftwareWatcher Website is intended purely for information and for the convenience of the User. In no case can SoftwareWatcher guarantee the accuracy of that information.
4 Reviews and User Content
Users must follow the rules below when publishing certain information on the website and in particular when publishing a review about a Software Supplier that can be found on the SoftwareWatcher Website.
4.1 Reasons for rejecting User Content
User Content may be rejected for the following reasons:
if the User Content or the elements about the identity of the author contain insults or rudeness;
if the text of the User Content contains random characters or sequences of words without meaning;
if the User Content is not related to the software being reviewed;
if the User Content contains a (possible) infringement of the intellectual property rights of a third party;
if the review gives rise to conflicts of interest or fraud, or if SoftwareWatcher believes it could give rise to such conflicts or fraud;
if the text of the User Content is so badly written that it is incomprehensible;
if a user makes an inappropriate comment about another review or its author;
if the User Content contains personal information or elements that can lead to identity theft, in particular the first name or surname of people who are not public figures, a telephone number, a postal address or an email address;
if the User Content contains websites, hyperlinks, URLs, email addresses or telephone numbers;
if the User Content is clearly spam.
4.2 Checking reviews
SoftwareWatcher has no obligation to check or remove reviews. The purpose of checking those reviews is to ensure that they comply with these Terms of Use with regard to publishing, refusing or removing the review. It takes a maximum of two weeks to check a review. Users can ask for a previously published review to be checked by sending an email to [email protected] with a clear statement of the reason for the check.
Any User who has published a review can later ask for that review to be removed by sending an email to [email protected]. When SoftwareWatcher is informed that the software is no longer being made or supported by the software supplier, all reviews for that software will be removed.
5 Privacy policy
SoftwareWatcher applies a privacy policy to protect the privacy of Users. The privacy policy is described on the Privacy policy page. The privacy policy also applies to the use of the SoftwareWatcher Website.
6 Intellectual property
6.1 Respecting national and international intellectual property law
Users agree not to forward, copy, resell or make available to any other natural or legal person, of any country, any content, data, information or items they have received from SoftwareWatcher or that are available on the SoftwareWatcher Website. Users agree to comply with the provisions below on intellectual property.
6.2 Ownership rights
All moral and material intellectual property rights relating to the content and information on the SoftwareWatcher Website belong to SoftwareWatcher, with the exception of the rights that belong to third parties and for which SoftwareWatcher has obtained the necessary rights or permissions.
The rights granted to the User for the purpose of using the SoftwareWatcher Website and the services offered by SoftwareWatcher do not imply any transfer of, or permission with regard to, the management or use of any element of the SoftwareWatcher Website.
6.3 Protection of all elements: trademarks, designs, logos, hyperlinks, information
All elements (trademarks, designs, texts, hyperlinks, logos, images, videos, sound elements, software, layout, databases, code, etc.) on the SoftwareWatcher Website and on the related websites are protected by national and international intellectual property legislation. These elements remain the exclusive property of SoftwareWatcher and/or its partners.
6.4 Prohibition of use without permission
Without prior written permission from SoftwareWatcher and/or its partners, Users may not reproduce, present, republish, redistribute, adapt, translate and/or modify any information from the SoftwareWatcher Website, in whole or in part, or transfer this data to another medium.
6.5 Sanctions
Users acknowledge and understand that failure to comply with the provisions of this article 6 is an offence that can be sanctioned under civil and criminal law.
7 Limitations of liability
7.1 Warning
SoftwareWatcher offers no form of guarantee regarding the software or the services and/or business practices of third parties on its website. It follows that SoftwareWatcher cannot guarantee that Users will be satisfied with the products, services and/or business practices they obtain after a software demonstration via the SoftwareWatcher Website.
SoftwareWatcher offers no guarantee regarding the content, objectivity or correctness of User Content, including but not limited to the reviews published by Users on the SoftwareWatcher Website.
7.2 Modification of the SoftwareWatcher Website
All information found on the SoftwareWatcher Website can be changed at any time, taking into account the interactivity of the website, without this engaging the responsibility of SoftwareWatcher.
7.3 Use of the SoftwareWatcher Website
Given the specific characteristics of the internet, SoftwareWatcher offers no guarantee for the continuity of the service, but adheres to a best-efforts obligation.
SoftwareWatcher disclaims all responsibility for any damage or loss relating to the use of, or the inability to use, the SoftwareWatcher Website, except for exceptions provided for by law.
SoftwareWatcher cannot guarantee that the information offered is detailed, complete, verified or correct. The software data, information, software pages and the entire content displayed on the SoftwareWatcher Website are provided ‘as is’, without any express or implied warranty of any kind.
Users expressly acknowledge that the photos on the SoftwareWatcher Website are not contractual.
In the same way and for the same reasons, Users accept that SoftwareWatcher cannot be held liable in any case if Users cannot benefit from the promotion or special offers offered by a software supplier. Users acknowledge and accept that SoftwareWatcher is in no case liable if a software supplier does not apply a promotion or special offer, for whatever reason.
7.4 Guarantees and compensation for Users
Users warrant that they are fully aware of the properties and limitations of the internet. In particular they acknowledge that it is impossible to guarantee absolute protection of data transferred by Users via the internet. SoftwareWatcher cannot be held liable for possible incidents arising from the transfer of that data.
Users undertake to indemnify SoftwareWatcher for the costs SoftwareWatcher incurs through the User in the event of a claim or dispute, legal or otherwise, relating to the use of the services described herein, and to hold SoftwareWatcher harmless from any conviction in the event of legal proceedings.
In any case, Users expressly acknowledge and accept that they use the SoftwareWatcher Website at their own risk and on their own responsibility.
7.5 Reporting and removal of unlawful content
All Users can submit a complaint or objection regarding unlawful elements published on the SoftwareWatcher Website.
If Users believe that elements or content published on the SoftwareWatcher Website may be unlawful and/or infringe acquired copyrights, they must notify SoftwareWatcher of this immediately by registered letter with acknowledgement of receipt addressed to the legal department, or by email to [email protected] with the words ‘For the attention of the legal department’ in the subject line, supplemented with all available evidence to support the ownership right. After this procedure has been followed, and after the accuracy of the notification has been verified, SoftwareWatcher will make every effort to remove the unlawful content as soon as possible.
8 Other provisions
8.1 Partial invalidity – Dissolution – Titles
If a provision of these Terms of Use is invalid, unlawful, unenforceable or non-binding, the validity, lawfulness, enforceability or binding nature of the other provisions of these Terms of Use shall in no case be affected or impaired. Those provisions remain in force and retain their full effect.
SoftwareWatcher may draw up a new provision with the aim of restoring the common intention of the parties, as expressed in the original clause and in accordance with applicable legislation.
The titles of the paragraphs in this document are purely indicative and are not considered an integral part of these Terms of Use.
8.2 No waiver
Unless otherwise stated in these Terms of Use, failure or delay by SoftwareWatcher in exercising any right or remedy in accordance with these Terms of Use shall not be regarded as a waiver of that right or remedy, nor shall it prevent further exercise of that right or remedy. Such right or remedy shall instead remain fully in force.
8.3 Applicable law
To the extent permitted by law, these Terms of Use and the relationship between SoftwareWatcher and Users are governed and interpreted in accordance with Dutch law.
8.4 Final provisions
1. Dutch law applies to these terms of use. Unless mandatory law provides otherwise, all disputes that may arise in connection with these terms of use will be submitted to the competent Dutch court in the Northern Netherlands district, Groningen location.
2. If any provision of these terms of use proves to be void, this does not affect the validity of the terms of use as a whole. In that case the Parties will establish (a) new provision(s) in replacement, which comes as close as legally possible to the intention of the original terms of use and to these terms of use.
3. In these terms, 'in writing' also includes email and other electronic communication, provided the sender and the integrity of the content are sufficiently established. The Parties will make an effort to confirm receipt and content via email and other electronic communication.