Article 1 SCOPE
Article 2 DEFINITIONS
M&K: Maas & Kleiberg Subsidieadvies B.V. and all (legal) persons affiliated with it.
User: the natural or legal person who has created an Account and is interested in subsidy services.
Consultants: the subsidy specialists affiliated with M&K.
Platform: the platform and all the possibilities that are offered by M&K in connection with the Service via a web page and/ or a mobile application.
Project: the project and supporting document(s) uploaded by the User via the Platform with the aim of exploring subsidy possibilities.
Service: The Service in connection with the Platform means that the User:
1. can pitch a Project at M&K;
2. can come into contact and communicate with Consultants regarding the Project;
3. can see the status of a (possible) subsidy application;
4. can access the M&K database with subsidy schemes.
Account: The User’s account.
GDPR: The General Data Protection Regulation (EU) 2016/679;
Data subject: an identified or identifiable natural person to whom Personal Information relates;
Personal data: all information about an identified or identifiable natural person (“the data subject”); an identifiable natural person who can be identified directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more elements characteristic of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person;
Processing: an operation or a set of operations relating to personal data or a set of personal data, whether or not performed via automated processes, such as collecting, recording, organizing, structuring, storing, updating or modifying, retrieving, consulting, using, providing by means of forwarding, distributing or otherwise making available, aligning or combining, blocking, erasing or destroying data;
Responsible for processing: a natural or legal person, a government agency, a service or any other body that, individually or jointly with others, determines the purpose and means of the processing of personal data;
Processor: a natural or legal person, a government body, a service or another body that processes personal data on behalf of the controller.
Article 3 COMMITTING TO CONDITIONS
D. M&K is entitled to unilaterally change the conditions of the Platform in the interim, after which the new conditions will apply to the use of the Platform and the Service immediately or after a period set by M&K.
Article 4 CREATING AN ACCOUNT
A. Before the User can make use of the Service as mentioned in Article 2, the User must first register and open an Account in accordance with the steps given by M&K.
B. The following information is included in the Account:
- user data such as first and last name and username;
- telephone number;
- Company Name;
C. Other users will not receive information from each other unless the User provides this information outside the system.
D. The Account can be deleted at the request of the User.
Article 5 USE OF THE PLATFORM
A. M&K makes the use of the Platform available to the User. The right of use of the User does not extend to the source code of the Platform, and is non-transferable and non-public.
B. The use of the Platform is free of obligation and free of charge. If the User issues an instruction to M&K to provide subsidy services, different conditions apply.
C. Communication with the Consultants takes place exclusively via the Platform.
D. The User is only permitted to use the Data in the context of the Service.
E. The User is not permitted to consult the Platform (or the Data) in an automated manner, to “scrape”, “crawl” or “spider”. Furthermore, the User is not permitted to export Data from other Users or other information from the Platform (except in the manner as offered by M&K), or to approach the Platform with other technology or software, nor is it allowed to circumvent or remove technical safeguards, or make this possible for others to do so.
F. Furthermore, a User is not permitted to use the Platform:
- for any unlawful purpose (including ‘phishing’ and spam);
- in such a way that the functionality of the Platform is damaged;
- for distributing, sending or uploading computer viruses or otherwise harmful files or programs;
- for distributing, transmitting or uploading material or communication that is misleading, defamatory, abusive, violent, obscene, discriminatory or threatening or that, for any other reason, may lead to irritation, inconvenience or unnecessary anxiety;
- in a manner that would violate or infringe the rights of any natural or legal person;
- in a way that is harmful to the reputation of M&K.
Article 6 AVAILABILITY
A. Although M&K aims to make the Platform available as much as possible, it can happen that the Platform is interrupted, for example as a result of planned maintenance work or upgrades, emergency repairs or failed telecommunication connections and/ or equipment. M&K does not guarantee that the Platform will work without interruption, errors or defects or that all errors and defects will be corrected at all times.
B. M&K reserves the right to remove the Account from the Platform for any reason and without prior notice.
C. In the event of an infringement or alleged/ possible infringement of the (intellectual property) rights of third parties as a result of the Platform, M&K is entitled to replace or change the Platform in such a way that the (possible) infringement is thereby removed. M&K is then entitled to temporarily deactivate its functionality.
D. M&K is not liable for damage (including loss of income/ business stagnation/ loss of data) that may arise from the limited or lacking availability or modification of the Platform and/ or Account. This restriction does not apply if there is intent or deliberate recklessness at M&K (other than indicated above).
Article 7 INTELLECTUAL PROPERTY RIGHTS
A. All copyrights, trademarks, database rights and all other intellectual property rights regarding the information offered via the Service are vested in M&K. The copyrights related to a Project remain with the User.
B. The User does not acquire any user license with regard to these intellectual property rights, neither within the scope of the Service nor outside of it (this is subject to mandatory legal provisions). Information from the Platform may not be used for any other purpose, including reproduction, publication, retrieval or re-use, without the prior written consent of M&K or the User who contributed the content.
Article 8 PRIVACY
A. The User grants M&K permission to process the Account to be accepted in the system relating to the Service/ Platform.
B. M&K does not export the personal data of the User to other files for purposes other than those intended for the use of the Platform, the Service and the subsidy services of M&K.
C. The User will under no circumstances use the personal data of the Consultants without explicit permission.
D. M&K may make use of these contact options at any time within the scope of the Service, for example in connection with maintenance work and the (un)blocking of an Account.
E. The processing of personal data takes place in accordance with the privacy statement of M&K and the GDPR. The M&K Privacy Statement can be found at www.mksubsidieadvies.nl/privacy-policy/. The User declares to have read M&K’s privacy statement and has taken note of the content.
F. The User is responsible for the correctness and completeness of the (personal) data provided by him or her.
Article 9 DE-ACTIVATION AND TERMINATION OF SERVICE
A. The User is entitled at all times to terminate the Account in the manner indicated by M&K.
B. M&K is entitled to temporarily deactivate or terminate the Account of the relevant User, or to delete certain Data:
1. if M&K has indications that a User is using (or has used) the Platform in violation of article 5 or otherwise acts undesirably;
3. Contrary to M&K’s privacy statement, the personal details of Participants in the event of deactivation/ termination of Service and the deletion of the User’s Account at the User’s request within 2 months after the activation/ termination of Service or User’s aforementioned request.
4. M&K is entitled to terminate the Service at any time and no longer offer the Platform.
Article 10 LIABILITY
A. The Platform offers a tool for Users to get in touch with M&K and to pitch a Project to its Consultants with no obligation for subsidies. Although M&K and the Consultants exercise the greatest care, no rights can be derived from the information provided to a User via the Platform. Other conditions apply to the actual subsidy services of M&K.
B. M&K gives no guarantees regarding the content of the Platform and therefore accepts no liability for any damage resulting from the use of the Platform, including, but not limited to, damage resulting from incorrect information (from a Consultant), or as a result of contact and/ or cooperation with a Consultant, or as a result of the use of the M&K database with subsidy schemes by the User.
D. In no event shall M&K’s possible compensation for damages exceed the maximum amount paid out in the relevant case under M&K’s applicable insurance, plus the amount of the deductible excess of the applicable excess insurance contract in the relevant case on behalf of M&K.
F. The User will indemnify M&K and/ or third party(s) engaged by it and indemnify them against any and all liability, (financial) obligations, claims, damages, costs (including the costs of legal assistance and settlement amounts) and/ or other consequences that are suffered or owed in connection with conflict with the provisions under Article 4 section b (accuracy of data), Article 5 section c and d (no infringement), Article 7 (intellectual property rights) and Article 8 (privacy regarding third parties).
Article 11 MISCELLANY
A. Only Dutch law applies to all agreements concluded with M&K.
B. If a dispute cannot be settled amicably or can be resolved in any other way, the competent court in Rotterdam has exclusive jurisdiction to hear this dispute.
C. If one or more provisions of these conditions prove to be void or voidable then this does not affect the validity of the other provisions. In the event of invalidity of one or more stipulations of these terms and conditions, the parties are obliged to adopt new provisions to replace the invalidated provisions with as much as possible corresponding effect, which reflect the intention of the invalidated provisions as much as possible.