Terms of Use
Welcome to this app of Concepteurs B.V., located in (3832 RC) Leusden at Leusderend 4, registered in the trade register of the Chamber of Commerce under number 57364699 (Concepteurs, we or us) (the App). Through this App we make it possible for you to view construction and infrastructure projects. Use of the App is free for you and is offered to you by Concepteurs.
General
These Terms of Use (the Terms of Use) are applicable to usage of the App. By installing the App and/or using the App, you agree to these Terms of Use.
Article 1. Rights of Use
By agreeing to these Terms of Use, you are granted a personal, revocable, non-exclusive, non-sublicensable, and non-transferable right (license) to use the App, and all content contained therein, for your own use, subject to the restrictions and provisions in these Terms of Use.
Should this licence be terminated – for any reason – you are obliged to discontinue using the App. Moreover, you are obliged to remove all copies of the App (including backups and/or spare copies) from all your devices.
Article 2. Account
It is possible to create an account in the App. When you create an account, you guarantee that the information provided to us in that context is correct. We ask you to inform us of any changes to your details. We further expect you to keep the username associated with your account confidential and to notify us immediately when you become aware of any security breach or unauthorised use of your account.
Article 3. Using the App
3.1 We make the App available with the utmost care. The efficacy of the App and the quality of the (project) information also depend on the device you use, such as a smartphone or a tablet (Device), the software used in the Device, its operating system, and your internet connection;
3.2 To use the App you need to have a Device with an (internet) connection. The associated costs are at your own expense;
3.3 It is not permitted to modify, copy, decompile, damage, overload or hinder the App, or to impair the use and functioning of the App;
3.4 Commercial use of the (construction) data originating from and/or displayed by the App is not permitted, unless you have obtained prior written permission from us;
3.5 We reserve the right to modify the App at all times, to change and/or delete data, to limit the use of the App, or to fully or partly deny you access to the App (for example, when you use the App in violation with the provisions recorded in these Terms of Use, or if you use the App, the servers and/or the network of Concepteurs in a way that infringes the rights of Concepteurs or third parties);
3.6 You may not derive any rights from the (project) information included in the App;
3.7 By installing and using the App, you declare and understand the following:
3.7.1 Installation and use of the App is entirely at your own expense and risk;
3.7.2 The App is made available to you as is. Without being exhaustive, we do not guarantee that: (i) the App will meet your demands and/or expectations; (ii) the App will be free from errors, defects, bugs, viruses, and will be available without interruption; or (iii) information contained in the App will be complete, correct, and/or current. We also make no guarantees regarding the security of the App.
Article 4. Intellectual Property
4.1 All Intellectual Property Rights, including but not limited to, copyrights, domain names, trademark rights, patents) regarding the App, and all content offered in or through the App, belong to Concepteurs and/or their licensors;
4.2 It is possible to share content from Concepteurs and/or their licensors in the App. This is only permitted with the purpose of showing your interest in a specific project or to draw attention to a specific project on social media, without commercial intent;
4.3 You must refrain from any act which breaches, limits, damages, or endangers the Intellectual Property Rights of Concepteurs and/or their licensors. It is, for example, not permitted to copy or multiply the App and the content of the App, in other ways than defined in article 4.2, without prior written permission of Concepteurs.
Article 5. Updates
We are entitled to release updates for the App. This includes, among other things: improved functionalities, patches, bug fixes, and plugins. You can indicate whether updates are installed automatically via the settings on your Device. Should you opt out of automatic updates, you can choose to install them manually. Ensure that App updates are installed so that the latest version of the App is used at all times. We are not obliged to support older versions of the App. Should you use an older version of the App, then that may have consequences for its operation and availability.
Article 6. Privacy
Our Privacy Statement applies to downloading and using the App.
Article 7. Information/Websites of Third Parties
Certain information in the App is provided by third parties (amongst which project administrators). We have no influence on this and are not responsible for it. The App may also contain links to other websites that are not operated by us. These links are provided for your convenience only and do not imply that Concepteurs endorses these websites or recommends them. Use of these links and any information, products, or services offered by third parties is at your own risk. Concepteurs are not liable for any damage or loss caused by using or relying on this content, products, or services. We recommend that you consult the general terms and conditions and the privacy and cookie policy of the websites in question.
Article 8. Disclaimer and Limitation of Liability
8.1 As stated in article 3.7.2, the App is made available as is. Therefore, we are not liable for any direct or indirect damage resulting from or related to the installation (downloading) and/or the use of the App and/or the inability to (de)install or use it;
8.2 Indirect damage includes, but is not limited to, consequential damage, reputational damage, damage resulting from business stagnation, system/computer malfunctions, loss and/or corruption of data, lost profits and turnover, loss of customers, reduced goodwill, and lost savings;
8.3 Should it be established in court that Concepteurs cannot invoke the limitation of their direct liability, then the total direct liability of Concepteurs, on whatever grounds, towards the user as a result of or in connection with the installation and/or use of the App, is limited to an amount of EUR 50 (fifty euros) per calendar year with regard to all events that occur in the relevant calendar year;
8.4 Nothing in these Terms of Use limits the liability of Concepteurs in case the damage is the result of intent or deliberate recklessness on the part of Concepteurs.
Article 9. Feedback and Technical Issues
You can report any feedback or technical issues with regards to the App to us via the contact details below. In the event of technical issues, we ask you to provide us with a brief description of the problem as well as the type and brand of your Device. Under no circumstances do we guarantee that technical issues will be resolved.
Article 10 Contact Details
In the event of questions, remarks, and/or complaints about the App, you can contact us via the contact details below:
Concepteurs B.V.
Leusderend 4
3832 RC Leusden
Phone number: +31 85-303 93 60
Email address: info@concepteurs.nl
Article 11. Amendments
We may change these Terms of Use from time to time. Such amendments will be announced in the App or via the Appstore. We recommend you to check this regularly. Use of the App after the date on which the amended Terms were entered into force, constitutes acceptance of the amended Terms. These Terms of Use were last amended on the 19th of September, 2023.
Article 12. Choice of Law and Forum
12.1 These Terms of Use are governed under Dutch law;
12.2 In the event of disputes arising from or related to the Terms of Use, the Parties will first enter into consultations and strive for an amicable solution. Should parties be unable to do so, the dispute will be submitted to the competent judge.