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In these Terms, capitalized terms shall have the following meanings:
Account: the User's password-protected online account that allows them to log in to the App.
App: the application offered by MyHabitz on which Users can fill in questionnaires based on, among other things, the User's location data and personal preferences. The application also offers the possibility to participate in a promotional game of chance, in which the number of entries is determined on the basis of the number of times a User has completed the questionnaire(s) or carried out other activities.
MyHabitz: the private limited liability company (Chamber of Commerce no. 61930350), having its registered office and principal place of business at Walaardt Sacréstraat 447 (1117BM) in Schiphol, the users of these General Terms and Conditions.
User: any natural person of legal age who uses the App.
IP rights: all industrial and intellectual property rights, such as (but not limited to) copyright, trademark, patent, trade name and database rights, as well as related similar rights, such as trade secrets, rights to know-how and (domain) names.
Terms and Conditions: these general terms and conditions of use of MyHabitz.
2.1. These Terms and Conditions apply to any use of the App by the User. By using the App, the User agrees to the Terms and Conditions and the applicability of any other general (purchasing) terms and conditions is expressly rejected.
2.2. Additional provisions or provisions that deviate from these General Terms and Conditions can only be agreed upon by the Parties in writing.
2.3. MyHabitz is at all times entitled to unilaterally change the Terms and Conditions. In that case, MyHabitz will inform the User in a timely manner of the intended changes, whereby a period of at least one month will be used between the moment of notification and the entry into force of the intended changes. If, during that period, the User does not object to the changes and/or ceases using the App, the User will be deemed to have agreed to the changes to the Terms and Conditions.
2.4. If any provision or part of a provision of these General Terms and Conditions is null and void, is annulled or declared non-binding, this does not affect the binding nature of (the remaining part of) the provision(s) of the General Terms and Conditions. The parties will enter into consultations in good time to replace (the part of) the provision that has been declared non-binding, whereby the purpose and purport of the original provision will be aligned as much as possible.
3.1. The use of the App via an Account or otherwise is at the expense and risk of the User.
3.2. When creating an Account, the User must provide MyHabitz with certain information, such as a (user) name, e-mail address, password and a correct age statement. User represents and warrants that the information provided is correct, up-to-date and complete.
3.3. The User is responsible and liable for the use of the App through its Account, regardless of whether this use is authorized or unauthorized.
3.4. MyHabitz is at all times entitled to limit and/or terminate the use of the App and/or the Account in its entirety. MyHabitz can take such a decision at its own discretion, but will do so more specifically in the event of unauthorized/unauthorized use of the App and/or the Account. This includes, but is not limited to, the (unnecessary) burdening of systems, the sharing of (the login details of) the Account with third parties, fraudulent activities and/or use for unlawful purposes, or purposes that go against the interests of MyHabitz.
3.5. MyHabitz is also entitled to restrict/deny access to the App and/or the Account, when it is obliged to do so by law and/or a (court) order.
3.6 In accordance with the 'Code of Conduct for Research and Statistics', the minimum age for participation in MyHabitz is 12 years. Children under the age of 12 (or 11 years of age if the child is already in secondary school) may only participate if this is done under the supervision or consent of the legal representative.
4.1. The User may participate without obligation in a promotional game of chance, which is organized monthly by MyHabitz to promote the App and its services. Draws take place on the first day of each month.
4.2. The User may receive tickets for performing activities in the App, such as completing questionnaire(s) and updating profile data. These tickets can be used for a monthly draw where the use of multiple tickets per draw counts as one entry per ticket. With the help of an application (random number generator), the winners are then randomly determined.
4.3. Cash prizes will only be awarded through PayPal. MyHabitz will therefore contact the winners by e-mail within one week after the draw has taken place to request the necessary (PayPal) data.
4.4. The total value of the prizes does not exceed € 200 per month.
4.5 Changes in the competition or adjustment of the prizes will be communicated by email at least 2 months before a new draw.
4.6. Questions, comments or complaints about the way in which the promotional game of chance is carried out can be sent to: info@my-habitz.com. Complaints about the promotional game of chance can also be submitted to the Kansspelautoriteit:
Kansspelautoriteit
Postbus 298
2501 CG Den Haag
www.kansspelautoriteit.nl
5.1. MyHabitz and/or its licensors are the rightful owners of all information contained in the App, including the (source) code, databases, designs, texts and images, as well as the related IP rights. The User cannot claim any (IP) rights, nor are any (IP) rights granted to the User when using the App.
5.2. MyHabitz only grants the User a non-exclusive and non-transferable right of use, under the conditions set out in these Terms and Conditions. In addition, the User may not (i) modify, copy or create derivative works of the App, (ii) make the App available to third parties through a (sub)license, (re)sale or rental, (iii) subject (any part of) the App to reverse-engineering or decompilation, (iv) gain (automated) access to the App in order to realize its own commercial products/services and/or (v) other features, copy or copy functions, interfaces or images from the App.
5.3. MyHabitz has all rights and entitlements – including any IP rights – to the aggregated and statistical data resulting from the use of the Application, including the data/information entered by the User.
5.4. The User guarantees that the information/data it enters into the App does not in any way infringe any (un)written (IP) right of third parties.
6.1. MyHabitz may process personal data when this is necessary for the use of the App. In that case, MyHabitz will treat and process the User's personal data confidentially in accordance with the requirements of the General Data Protection Regulation (GDPR) and any related laws and regulations.
6.2. The User guarantees that it will only provide personal data to MyHabitz, if and to the extent that the User is entitled to do so.
7.1. For the purposes of these Terms and Conditions, confidential information means any information, technical data or know-how that is part of and/or results from the App and which can reasonably be considered confidential.
7.2. The User shall not disclose confidential information to third parties, except to the extent necessary to comply with a legal obligation and/or a court order. In such cases, the User will inform MyHabitz of this obligation before sharing the confidential information, so that MyHabitz is given the opportunity to defend itself against it.
8.1. The User guarantees that it will not misuse the App, for example by hindering the use of the App by third parties and/or restricting the functioning of the App. The User also guarantees that it will not circumvent and/or manipulate the technical processes within the App, for example by knowingly providing incorrect information/data and/or making changes to (the code of) the App.
8.2. If the User acts in violation of the warranty referred to in article 8.1, MyHabitz will not only be able to deny the User access to the App, but will also recover the damage caused by the breach of the warranty from the User.
8.3. MyHabitz provides the App on an "as is" basis. MyHabitz does not make any explicit promises, warranties or guarantees about the quality, safety, integrity, accuracy and/or suitability for a particular purpose.
9.1 To the extent permitted by law, MyHabitz's total liability arising from or in connection with the use of the App shall be limited to the amount paid out by MyHabitz's insurer. If the damage is not covered or the insurer does not compensate the damage under the policy, the maximum amount for which MyHabitz can be held liable will be limited to an amount of €50 per User.
9.2. MyHabitz can only be held liable for direct damage, which is exclusively understood to mean the costs that the User had to incur to determine the cause and extent of his damage and the (extra) costs that the User had to incur to prevent or limit the direct damage.
9.3. MyHabitz is not liable for all other, (indirect) damages, such as (non-exhaustively) lost profits/prizes, (expected) opportunities/savings and/or other consequential damage that cannot be regarded as direct damage.
9.4. Claims of the User must be reported to MyHabitz without delay, but no later than six (6) months after the User has first become aware of the harmful event. If a claim is not reported in time, it will lapse.
9.5. Claims of the User shall also lapse when twelve (12) months have elapsed after the harmful event first occurred.
9.6. The limitations of liability as included in this article do not apply when the damage is caused by intent and/or gross negligence on the part of MyHabitz.
10.1. All legal relationships between the User and MyHabtitz are exclusively governed by Dutch law.
10.2. The competent court of the District Court of Amsterdam has exclusive jurisdiction to hear disputes arising from or in connection with the Agreement(s) and/or these General Terms and Conditions.
19 september 2024, v. 1.0.
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