Service policy
Purpose and Publisher
These Terms of Use set forth the rights and obligations regarding the Open to Application between the User, the Landlord, and the Operator
Wolters Mabeg, located at 3640 Kinrooi, Leuerbroek 1074 (Belgium), with company number 0812.722.517
0032 11 39 89 60
Tech@wolters-mabeg.eu
Hereinafter referred to as the Publisher. The parties declare that this constitutes the entire agreement. The User declares to have read these Terms of Use prior to entering into the agreement and to accept them. The User shall confirm this digitally in the field provided for that purpose. This agreement is governed by Belgian law. The parties agree that the language of the agreement shall be Dutch. If the text of this agreement is drafted in another language, the Dutch text shall prevail in the event of any interpretation. In the event of a dispute, the courts of the Limburg district, Tongeren division, shall have exclusive jurisdiction to hear the dispute.
Definitions
In these General Terms of Use, the terms listed below have the following meanings:
User
Any natural person who downloads the Open To application, accepts the Terms of Use, and undertakes to comply with the Lessor’s rental terms and conditions and rental regulations when renting a Locker, either in their own name and on their own behalf as a Primary User or, with the Primary User’s permission, in the Primary User’s name and on the Primary User’s behalf.
Main User
The person who downloads the Open To application, accepts it, and uses it in their own name and on their own behalf for the purpose of entering into rental agreements to rent a Locker from a Lessor, and who personally undertakes to comply with the Lessor’s Rental Regulations and is responsible for ensuring compliance with the Rental Regulations by the natural persons to whom they grant access to the Lessor’s Locker.
Publisher
The party that publishes and manages the Open To application, namely Wolters Mabeg, located at 3640 Kinrooi, Leuerbroek 1074, CBE No. 0812.722.517.
Landlord
The company that has a valid company number or the legal entity under public law with a valid company number, which owns one or more Lockers and operates them for the purpose of renting them out at a specific location where these Lockers are located.
Open To application or app
The Publisher’s mobile application that the User can download to their mobile device to use for renting Lockers from the Lessor and for other services offered via the Open To application.
Rental Account
The account created by the Lessor in the Portal.
Offer
The rental offer communicated to the User via the “Open To” application, from which the User may select a Locker from a Lessor to rent at the Price and under the terms and conditions set by the Lessor for this Rental.
Price
The price of the Rental, including all government-mandated charges, which the Lessor charges the User for the rental of the Locker and which the Lessor enters via the dashboard in the Portal for their Offer.
Rental
The rental agreement for the rental of the Locker agreed upon between the User via the OpenTo application and the Lessor for the Offer selected by the User.
Rental Information
All information provided by the Lessor regarding their business name, contact information, General Terms and Conditions of Sale and Rental, Rental Regulations, their Offer and Price, the company logo, and graphic materials related to the Offer is uploaded by the Lessor to the Portal via the Dashboard.
Lockers
The Locker rented by the User and equipped with the necessary hardware for communication with the Open-to application.
Error Message
An error message that prevents the Open To Application and/or the Portal from being used in the manner intended in the Terms of Use.
Solution
A remedy or alternative method of operation after the Publisher has received and confirmed an error message, such that the Open To Application and/or the Portal delivers the functionality agreed upon with the Lessor.
Malfunction
An unannounced interruption or unintended operation of the Portal and/or Open To Application that results in it failing to provide the functionality agreed upon with the Lessor.
Fraud
The intentional misuse of the Portal, Personal Data, and other data or the Open To Application with the aim of obtaining an unlawful advantage.
Personal Data
All information relating to an identified or identifiable natural person; a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Notification
Written communication, whether by registered letter or via any electronic means (email or text message), sent by either the Main User, the Lessor, or the Publisher and addressed to the address provided by the recipient. For the Publisher, these are the contact details specified in this agreement. For the Main User or Lessor, these are the contact details listed in the User Account or Lessor Account.
Mobile device
Any computer configuration or mobile device (such as a smartphone or tablet) on which the Open To application can be installed and used; Locker: a secure storage unit that the User can rent via the Open To application to store his or her bicycle.
System Users
Individuals appointed by the Publisher who have access to the Open To application system.
Privacy
The protection of the User’s personal data, whereby the Publisher and the Lessor comply with the General Data Protection Regulation (GDPR) and Belgian data protection legislation, as set forth in a separate privacy statement.
Reservation
The ability for the User to rent a Locker via the Open To application for a specific period of time under the established Rental Terms and Conditions.
Application of the General Terms of Use
These General Terms of Use set forth the rules governing the use of the Open To application and the respective rights and obligations of the Publisher and the User in this context. These terms are the only terms applicable between the Publisher and the User, to the exclusion of all other terms.
The General Terms of Use apply to every installation and use of the Open To application and cover all screens and functionalities. By installing and using the Open To application, the User declares that they have read these General Terms of Use and accept them unconditionally and without reservation from the first use of the Open To application.
The General Terms of Use may be unilaterally amended by the Publisher as provided in Article 15.1.
These General Terms and Conditions apply to the use of Open To’s services.
If the Locker Owner provides Rental Information in the Owner’s Listing, this Rental Information applies to the Rental Agreement entered into between the User and the Locker Owner. The Publisher is always a third party with respect to this Rental Agreement.
We ask that you carefully review these terms and conditions before creating a User Account and purchasing services through the Open To application. Use of the Open To application constitutes your irrevocable acceptance of our terms and conditions.
Selecting the Landlord’s Offer and confirming the selection means that you accept the Landlord’s rental terms and conditions and that the Lease is concluded.
Your User Account
4.1 To create a (Primary) User Account via the Open To Application, you must be at least 18 years old and have full legal capacity.
You may choose to create a (Primary) User Account that includes multiple Users, or a standard User Account limited to a single User.
If you opt for a (Primary) User Account, you, as the (Primary) User, are jointly and severally liable with the Users for compliance with the Terms of Use as well as for compliance with all Rental Agreements entered into by the Users you have designated under the (Primary) User Account.
Your (Primary) User Account is created as soon as it is accepted by the Publisher and confirmed by you.
4.2. By installing the Open to app and registering upon first use, the (Primary) User consents to the creation of a (Primary) User Account. The minimum required information for creating the account is requested from the (Primary) User during the registration process. The (Primary) User can later supplement their account with additional information via the profile settings in the Open to app.
The (Primary) User’s Personal Data in the User Account is processed by the Publisher in accordance with the provisions of Section 8 (“Processing of Personal Data”).
To set up your User Account, the App will ask you to provide us with the following:
The following information about yourself as the User(s): last name, first name, age, address details
a payment method and the necessary details to process the payment (details of a valid credit or debit card, or another approved payment method), and any other information we need to allow you to use the App and the Locker and to contact you, such as an email address and phone number.
Payment details are provided to our external payment service provider and are accessed or stored by us only in encrypted form.
To protect User privacy, the User’s Personal Data is assigned a number within the system, and only the Publisher has access to this data, along with the Lessor for the purpose of the Lease and the execution of said Lease.
4.3 Access to your User Account is strictly personal, and each User is responsible for their own login and password. You must ensure that your (primary) User Account is not shared.
The User is responsible for any use that may be made of the login and password, and is responsible for keeping the login credentials confidential and for the use of their account. If the User becomes aware of unauthorized use of their login credentials by a third party, the User must immediately notify the Publisher of this via the contact methods listed in Article 1.
4.4 Subject to Section 4.1, you may not, directly or indirectly, create a User Account for a third party or transfer your User Account to a third party.
4.5 When you rent a Locker from the Lessor, you must observe all safety measures communicated to you via your User Account upon unlocking the Locker.
4.6 As a (Primary) User, you are always responsible for the use of your (Primary) User Account. As a (Primary) User, you are responsible for all loss and damage if the disclosure of your (Primary) User Account access credentials is due to your own negligence or carelessness regarding the protection of your access credentials. You must immediately report any suspicion of unauthorized access to your User Account to: Tech@wolters-mabeg.eu.
4.6 Any Rental of a Locker entered into via your (Primary) User Account is considered strictly personal, individual, and exclusive use by you and, in the case of a (Primary) User Account, by the Users designated by the (Primary) User. In that case, you must provide the Personal Data of the individual Users.
It is agreed that Section 4.6 constitutes an irrefutable legal presumption and is essential for the conclusion and performance of the Individual Rental Agreement with the Lessor.
4.7 All information you have provided to us as a (Primary) User must be correct, current, and complete, and you agree to keep it that way. If we have reasonable grounds to suspect that the information you provided to open your User Account is incorrect, inaccurate, or fraudulent, we may suspend or temporarily block access to your User Account.
4.8 You grant us the right, in accordance with applicable law, to review and verify the information you have provided and will cooperate with us upon first request.
4.9 As the (Primary) User, you are responsible for any loss or damage resulting from inaccurate, false, or incomplete information you have provided to us. Furthermore, failure to provide accurate, truthful, and complete information will be considered a serious breach of the User Agreement, the Individual Rental Agreement, and any other agreement entered into between you and the Landlord.
4.10 While using the Services, every User must comply with these Terms. If we have reasonable grounds to suspect or become aware of a violation of the Terms of Service, we may suspend or temporarily block access to your (Primary) User Account until the issue is resolved, at our discretion.
Using the Open To app
5.1 The installation and use of the App are at your own risk. You are solely liable for any direct or indirect damage, harm, or loss to your device or any other device resulting from misuse of the App.
5.2 The Publisher is only liable for a malfunction of the App resulting from its gross and repeated negligence or fraudulent conduct.
5.3 Unlocking and entering into the Locker Rental Agreement with a Rental Provider selected by you requires the prior creation of a User Account and acceptance of these Terms of Use. The Open To App is also required for the execution of the rental agreement, the billing and payment of the rental fee, and the management of the Locker.
5.4 The App may only be used for the App’s Purpose, namely renting a Locker from a Lessor and opening and closing these Lockers for the storage of bicycles.
The User agrees to comply at all times with these general terms of use and all applicable laws and regulations and not to infringe upon the rights of the developer or third parties in any way.
Any other use of the App is strictly prohibited. In particular, the App may not be used for:
Committing or attempting to commit online criminal activity, specifically activities prohibited by Article 210bis of the Penal Code (use and creation of false electronic documents), Article 504quater of the Penal Code (electronic fraud), and Articles 550bis & 550ter of the Penal Code (hacking and electronic sabotage);
Disseminating or encouraging violent or hateful statements or other illegal content online;
Infringing upon the privacy or other rights of others, including intellectual property rights.
The User expressly undertakes to:
use the Open app exclusively for personal, non-commercial purposes;
not reproduce (in any form whatsoever) or copy (by any means whatsoever) the Open app or its content, in whole or in part, without the prior, express, and written consent of the developer;
not to use any software or devices that could disrupt the operation of the Open app;
not to use the Open app in a manner that could disrupt the proper functioning of the app or to take actions that could place an unnecessary burden on the developer’s or operator’s infrastructure;
not to extract or reuse (for any purpose whatsoever) any substantial part of the content of the databases and archives created through the Open app or accessible via the app without the prior, express, and written consent of the developer;
refrain from any attempt to hack the Open app, as well as any attempt to modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, reverse engineer, or engage in any other practices such as scraping or using robots aimed at extracting the content in whole or in part.
Any use of the App that violates Section 5.3 constitutes a serious breach of these Terms and will result in the blocking of access to the Open To Application.
You bear sole liability for such violations, both under criminal and civil law.
5.5 The Publisher is not liable for any damage resulting from the use of the Application and, in particular, for damage occurring during the Rental, including but not limited to damage to the bicycle or theft of the User’s bicycle.
5.6 Availability
The Publisher strives to ensure the availability and security of the Open To application to the best of its ability, without offering any guarantee. The Publisher takes reasonable measures to ensure the availability of the application, except in cases of force majeure or events beyond the Publisher’s control. The availability of the Open To application may be interrupted by maintenance work necessary for the proper functioning of the application, without prior notice or announcement to the User.
The Publisher reserves the right to unilaterally and temporarily suspend the availability of the Open To application to perform maintenance work, including updates for new software versions. The Publisher strives to keep the duration of the interruption to a minimum.
The User is not entitled to any form of compensation for any interruptions in the availability of the Open To application, regardless of the cause of the interruption.
5.7 New Versions
Users who have enabled automatic updates via their mobile device’s settings will automatically receive the latest version of the Open To application. Upon first use after the new version is released, the User will receive a notification containing an overview of the changes.
If the User has not enabled this feature, the User must manually install the updates via the respective app stores. If notifications from the app store are enabled, the User will receive a message that a new version is available. The User is informed of the changes in this version and agrees to them by installing the update.
After an update, the User can no longer use the previous version of the Open to application.
Renting Lockers
6.1 The Lease Agreement
Through the Open To App, you enter into an individual lease agreement with the Locker Lessor. These Lockers are owned by the Lessor and are under the Lessor’s responsibility.
The rental agreement is concluded through the selection of an Offer from the Lessor and the User’s acceptance of the selected Offer and the Rental Terms.
The Lessor’s Rental Terms and Rental Regulations are provided to the User for informational purposes prior to the conclusion of the rental agreement.
6.2 By entering into the Rental Agreement for a Locker, the User agrees to the Rental Terms and Conditions and to pay the Price set by the Lessor, as shown in the Lessor’s Rental Information. The Lessee must therefore explicitly confirm their agreement to the Rental Information.
To the extent that the rules regarding the Distance Sale of a Service to a Consumer apply, the User declares that if the User wishes to make immediate use of this service, the User waives their right of withdrawal and remains liable for payment for the services already provided.
6.3 Unless otherwise provided by the Lessor, the Lease is for a fixed term and runs by the minute from the moment the Locker is opened after unlocking.
The duration may never exceed 10,080 minutes (168 hours). Upon expiration of this period, the rental will automatically and by operation of law terminate, and the Locker will be locked for the User unless the User reconfirms the rental no later than the expiration of the rental period and pays the accrued rental fees at that time.
If the User has not confirmed the renewal of the rental and has not paid the accrued rent, the Lessor has the right to gain access to the Locker and empty it at the User’s expense and risk.
6.4 The Rental Price is payable at the end of the rental period and is calculated based on the Price per minute.
Payment of the rental fee is due at the start of the rental period upon opening the Locker and cannot be canceled or refunded, except in cases of force majeure.
6.5 The rental ends when the rental session is terminated via the Open To App. In that case, the Open To App will display the Price, after which you will make payment of the Price via your chosen payment method from the available payment systems.
After the rental ends, you may no longer use the Locker and, if necessary, must repeat the unlocking procedure to start a new Rental.
You cannot enter into a new Rental until the Price of the previous rental or previous rentals has been paid.
6.6 You are responsible for ensuring that the Locker is left empty and in a clean condition, except for normal wear and tear from use.
6.7 Liability
The Lessor is responsible for the Lockers and their management. The Lessor also bears full responsibility for the execution of the rental agreement and guarantees the availability of the Lockers.
If the Locker is damaged or unsuitable for use, you must notify the Lessor using the contact details provided for this purpose.
The Publisher is not liable for damage to your bicycle or personal belongings stored in the Lessor’s Lockers. Nor are we liable for any form of damage resulting from the use of our application.
The Lessor’s liability for damage caused by defects in the Locker, other than those caused by the User, is insured by the Lessor with the insurer specified in the rental information.
CONTRACTUAL LIABILITY FOR DAMAGES CAUSED BY THE LESSOR’S NEGLIGENCE SHALL BE LIMITED AS FOLLOWS, REGARDLESS OF THE LEGAL BASIS: (i) THE LESSOR’S LIABILITY IS LIMITED TO THE FORESEEABLE, ORDINARY DAMAGES FOR THIS TYPE OF CONTRACT RESULTING FROM A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS, EXCLUDING CONSEQUENTIAL DAMAGES; (ii) THE LESSOR SHALL NOT BE LIABLE FOR A BREACH OF NON-ESSENTIAL CONTRACTUAL OBLIGATIONS, NOR FOR SLIGHT NEGLIGENCE.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY, IN PARTICULAR LIABILITY UNDER THE BELGIAN PRODUCT LIABILITY ACT.
THE OFFER OF INSURANCE IS IN NO WAY AN ACKNOWLEDGMENT OF LIABILITY FOR DAMAGES OF ANY KIND AND IS NOT INTENDED TO REPLACE YOUR OWN INSURANCE.
We recommend that you ensure you have adequate personal insurance to cover the risks associated with the use of our Services.
Data and Cookies
Without cookies and tracking systems, most apps wouldn’t work, and the same goes for the Open To app.
We use cookies to improve your user experience and offer you personalized services. We also use the Google Maps plugin to show you the nearest lockers on the map. This plugin uses location data to customize the map to your specific location.
We also use cookies to:
Add items to your cart and create an order.
Check your order status.
Verify your payment.
Track your rental history.
Ensure you can share your information with us and the Rental Provider and contact them.
Store your consent for our use of cookies.
In the Open To app, the Publisher uses the following cookies and tracking systems:
Always accepted for use of the app
Login cookies: These cookies allow you to easily log in to your user account without repeatedly entering your login credentials. History cookies: These cookies store information about the lockers you have rented in the past, including dates, prices, and rental times.
The optional cookies
include the location service. These cookies are shared by Google Maps and allow us to provide additional security. Thanks to the location service, we can prevent the locker from being opened if a user is too far away from the storage unit. It also serves as a fraud prevention system.
Our payment service provider also uses cookies necessary to remember your card details and process your payments for the performance of the agreement without storing your card details in the Open To app unless you explicitly choose to do so.
For our payment service provider’s cookie policy, please refer to Mollie - Privacy Statement
Through your use of the Open To app, we also collect data to optimize the Service and the Open To app’s functionality.
This data is separate from the Personal Data, which may only be used to fulfill the User Agreement.
Through your use of the Open To app, the Publisher and the Landlord gain insight into which Offer appeals most to you as a User, and the Publisher and the Landlord can optimize the range of services offered.
The following data is collected for this purpose in a non-personally identifiable manner:
Order data: This includes information related to the orders placed, such as the time of the order, the selected Locker, and the duration of the rental.
This data includes, for example, the timestamps of the orders, the selected Lockers, and the duration of the rental. It is often used to track the rental history of individual Users and to allow them to view their previous orders.
Revenue data (number and amount of rentals, including and excluding VAT) Shared with partner Mollie: they have an overview of all revenue data but do not receive User performance data (number of rentals and cancellations)
The processing of personal data
Privacy is an important issue for the Open To Application. As the Publisher of this application, we place great importance on protecting the privacy and personal data of our Users. When processing personal data, we will therefore comply with relevant laws and regulations, such as the General Data Protection Regulation (GDPR).
All personal data provided is always treated as confidential information by the Publisher, unless it concerns publicly available information.
“Publicly known information” is defined as:
Information that is part of the public domain at the time of disclosure;
Information that becomes public after disclosure, except in cases of disclosure resulting from a breach of contract or a violation of any of the contractual obligations contained in this agreement;
Information that is demonstrated to have been known to one of the parties prior to the collaboration;
Information disclosed to one of the parties by third parties who were authorized to do so and to whom the other party has not imposed any confidentiality obligations.
The User expressly authorizes the Publisher to disclose confidential information necessary for the performance of the lease agreement to the relevant Lessor, and further authorizes the Publisher and the Lessor to disclose such information to third parties if they are required to do so pursuant to a legal or regulatory obligation.
Both the Publisher and the Landlord will use the User’s Personal Data solely for the execution and conclusion of this User Agreement or the Lease. The purpose of processing personal data is therefore to guarantee and improve optimal service for our Users and Landlords.
The Publisher and the Lessor will only process Personal Data if they have a legal basis for doing so, such as consent from the data subject or a legitimate interest. The Personal Data processed is limited to what is strictly necessary for the performance of the agreement(s) and the functionalities of the Open To Application.
The Publisher and the Lessor will take legal and technical precautions to the best of their ability to prevent unauthorized access to and use of the personal data they have obtained. Where it is impossible to fully guarantee security, they will implement appropriate technical and organizational measures to protect the personal data.
However, as a User, you also bear your own responsibility regarding the accuracy of the Personal Data you enter, as well as for your password. You hereby agree to refrain from Fraud. You shall ensure that you do not disclose your password to third parties.
To use the Open To app and, where applicable, to create a User Account, you must provide the following Personal Data:
You expressly agree that, for the purpose of performing the Agreement, this personal data will be shared with the following companies:
Partner: Google LLC. (Google Maps)
To use location services in the Open To app, your data is shared with Google. The Open To app uses Google Maps to accurately display your location on the map and indicate how far you are from a locker. Additionally, the location service is necessary for security purposes, to confirm that you are near the locker when you unlock it.
Online payment service: MOLLIE
To process payments, your personal data is shared with Mollie. Mollie facilitates secure and reliable online payments for locker rentals and other related services via the Open To app.
The Locker Provider
The Locker Provider has access to limited personal data of the renter through the Open To portal, such as name, email address, and phone number. Sharing this information is essential so that the Locker Provider can provide the appropriate services to the locker user.
The Publisher guarantees that these recipients will take the necessary technical and organizational measures to protect the personal data.
As a User, you have a legal right, upon simple request, to free access to your Personal Data in the Open To app in order to supplement, correct, modify, delete, or transfer it.
As a User, you also have the right to object, upon simple request and free of charge, to the processing of your personal data for purposes such as direct marketing.
More specifically, in accordance with applicable regulations and under the applicable terms and conditions, you have the following rights:
Right of access: You may at any time request access to your personal data (including the purposes of processing, categories of personal data, and the expected retention period).
Right to rectification: You may at any time request that your personal data be corrected or supplemented.
Right to erasure: Unless otherwise required by law, you have the right to request the deletion of your personal data upon simple, free request.
Right to restriction of processing: Under certain conditions, you have the right to request a restriction on the processing of your personal data going forward.
Right to object: Subject to certain conditions, you have the right to object to the processing of your personal data for purposes such as direct marketing.
Right to data portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit it to third parties.
If you wish to exercise any of these rights, please contact us in writing at the email address tech@wolters-mabeg.eu
The Publisher will respond to this written request within 48 business hours and confirm this in writing to the User.
All Personal Data provided by you will be retained for the duration of the Agreement, unless otherwise specified.
Upon termination of the User Account, the Personal Data will be automatically deleted from the Open To app.
Personal Data processed pursuant to a legal obligation will always be retained for the period necessary to comply with legal requirements (including those related to accounting, social legislation, and health legislation).
If the Publisher wishes to continue using the Personal Data after the retention period has expired, it will request the Customer’s consent for this purpose separately.
More information about how we process personal data and how we comply with the European General Data Protection Regulation (GDPR) can be found in our full privacy statement. This is available on our website and contains more detailed information about how we handle personal data and the rights of Users regarding their data.
The term of this agreement
This User Account is valid for an indefinite period, provided that it may never terminate before the expiration of a lease agreement entered into through the User Account.
Each Party has the right to terminate this User Account by providing a Notice of Termination with two business days’ notice, provided that the User Account will only terminate after the expiration of the term of a lease agreement concluded via the User Account prior to the notice of termination.
In addition, the user has the option to delete the User Account via the application. If there are any outstanding payments, the outstanding amount must first be paid in full before all data is deleted.
The consequences of the termination of the agreement
Termination of the agreement will result in the suspension of the User Account.
In the event of termination, whether judicial or extrajudicial, the parties expressly agree that such termination shall only take effect retroactively as of the date on which the right to terminate is exercised. Any services already performed shall remain valid.
Confidentiality
11.1 The Publisher and the Lessor agree to maintain strict confidentiality regarding all information and data they obtain concerning the User, both at the time the agreement is entered into and during its performance, unless otherwise expressly agreed in writing.
11.2 The Publisher and the Lessor agree that, both during and after the term of this agreement, they will not in any way disclose, use, or reproduce any confidential information disclosed to them by either third parties or the other party for purposes other than the strict instructions of the disclosing party, nor to permit its use for purposes other than those for which it was disclosed, unless expressly agreed otherwise in writing.
11.3 All information provided by the User is confidential unless it constitutes publicly known information.
11.4 “Publicly known information” means:
Information that is part of the public domain at the time of disclosure;
Information that becomes public after disclosure, except in the case of disclosure resulting from a breach of contract or a violation of any of the contractual obligations contained in this agreement;
Information that is demonstrated to have been known to one of the parties prior to the collaboration;
Information disclosed to one of the parties by third parties who were authorized to do so and to whom the other party has not imposed any confidentiality obligations.
11.5 The Publisher and the Lessor further undertake to grant access to the User’s confidential information solely to their employees and/or subcontractors to the extent that this is absolutely necessary for the performance of this agreement. They shall also impose a confidentiality obligation on such employees and/or subcontractors that includes at least the safeguards of this agreement and shall ensure that the confidentiality obligation thus imposed remains in effect even after the termination of the contractual relationship with the employees and/or subcontractors.
Upon simple request by the User, the Operator and the Lessor are obligated to disclose to the User the identity and capacity of these employees and/or subcontractors to whom confidential information regarding the User has been provided.
11.6 The agreed confidentiality obligation binds the parties even after the termination of the agreement.
11.7 A breach of this agreement gives rise to the payment of compensation for the actual damage suffered, excluding consequential damages.
Liability of Wolters Mabeg
12.1 If the Publisher is liable for damages resulting from a failure in its services, such damages shall always be limited to the direct, proven damages, up to the maximum amount for which it is insured in connection with its operations.
12.2 Under no circumstances shall the Publisher or its agents be liable for indirect or consequential damages arising from the use of, or any inability to use, the services provided by the Publisher.
Intellectual Property
13.1. The intellectual property rights, including the copyright to the Open To application developed by the Publisher, the Portal developed by the Publisher, and all modifications and updates thereto, as well as all Publisher trademarks and logos, are vested in the Publisher.
13.2. These rights include all intellectual and/or industrial and/or all other property rights (hereinafter referred to as “Rights”) and everything that has led to them.
13.3. The Rights include, without limitation, the right of reproduction in the broadest sense, the right of rental and distribution, the right of exploitation, the right of communication to the public, including the right to make the works available to the public via a network, as well as the right to retrieve and reuse the entire content or a substantial part of the content of a database, or, in a repeated and systematic manner, non-substantial parts thereof.
13.4 The Lessor and the User undertake not to infringe upon the intellectual property rights thus acquired by the Publisher, nor to commit any act that would result in the loss of these intellectual property rights.
The Lessor and the User are prohibited from gaining access to the source code of the Publisher’s software and other custom work of the Publisher, or parts thereof, through reverse engineering, decompilation, disassembly, or similar techniques.
Any use of the Publisher’s trademarks and/or logos and/or trade name requires the Publisher’s prior written approval.
The Right to Suspension and Blocking
14.1. The Publisher has the right to block the User Account in the event of suspected fraud or where there are indications of fraud and/or situations requiring further investigation. The User will receive a Notification regarding this unless such notification is deemed undesirable in the context of the investigation. The User’s current lease agreements must be fulfilled by the User.
The Publisher is not liable for any damages incurred as a result of the suspension or blocking.
The Publisher may provide or suggest security procedures and measures with a view to reducing Fraud. These procedures and measures may include processes or systems developed by the Publisher or by third parties, including but not limited to, the introduction of so-called authentication for logging into the portal or the application.
14.2. The Publisher has the right to suspend the use of the User Account if the User commits Fraud or violates one or more of the following articles: Articles 4, 5, and 6.
The suspension takes effect upon the Notice and ends at the moment the reason for suspension, in the Publisher’s opinion, has ceased to exist. The exercise of the right to suspend as provided in this article does not affect the obligation to pay the current rent to the Lessor for the use of the Lessor Account.
General Provisions
15.1. As the Publisher, we reserve the right to modify these Terms of Use at any time. If we make changes to the Terms of Use, we will notify you via the Portal.
15.2 If any provision of this agreement is found to be unlawful or invalid, the remaining provisions shall remain in full force and effect. Any unlawful or invalid provision shall be replaced by a provision that, to the extent permitted by law, most closely approximates what the parties intended in the relevant section or clause.
15.3 The parties expressly agree that this agreement is entered into intuitu personae on behalf of the User. The User may not transfer their User Account or Lease Agreement to a third party without the Publisher’s prior written consent.
15.4 Failure to assert a right or impose a penalty shall in no way constitute a waiver of such right.
Contact
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Leuerbroek 1074
3640 Kinrooi
0032 11 39 89 60
Tech@wolters-mabeg.eu