Terms and Conditions
OWNAPPLY.COM

 

The service "ownapply.com" (hereafter: “the Service”) is offered over the internet in the form of Software-as-a-Service by the company Ownapply. The use of ownapply.com is subject to the below terms and conditions. Using the Service constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions are possible only by means of written confirmation by Ownapply.

 

Article 1. Use of the Service

1.1           The Service allows you to create multimedia publications. It is expressly forbidden to use content (photos, videos, text etc.) in violation of applicable copyright law.

1.2           To use the Service, you first need to register. After completing registration, Ownapply will, automatically or not, verify whether your application is to be approved or not. You will be notified about the decision.

1.3           You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Ownapply may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Ownapply that someone else knows your password.

1.4           The Service processes your personal data. You give your consent for all forms of processing within the scope of the Service. Consult the privacy statement of Ownapply for more information.

Article 2. Terms of use

2.1           It is not permitted to use the Service for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the Service that is slanderous, libelous or racist.

2.2           In particular it is not permitted to use the Service for the distribution of files in violation of applicable copyright law. You are free to publish the created portfolios, but you agree that you meet the requirements as stated in article 6.4.

2.3           In addition, on the Service it is forbidden to:

use indecent language; publish information that is pornographic or erotic (even if legal under applicable law), unless there is an art form (at the discretion of Ownapply); assist others in violating third-party rights; violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;

2.3           Should Ownapply discover that you violate any of the above, or receive a complaint alleging the same, then Ownapply may intervene to end the violation.

2.4           If in the opinion of Ownapply the continued functioning of the computer systems or network of the Service or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Ownapply may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.5           Ownapply is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Ownapply is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.

2.6           Ownapply may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Ownapply from all third-party claims arising out of your violation of these terms of use.

2.7           Ownapply is entitled to (temporarily) restrict the use of the Service in case you do not meet the obligations under these terms and conditions.

Article 3. Availability and maintenance

3.1           Ownapply uses its best efforts to have the Service available at all times but makes no guarantees about uninterrupted availability, unless otherwise agreed in a service level agreement (SLA).

3.2           Ownapply actively maintains the Service. Maintenance can take place at any time, even if this may negatively impact the availability of the Service. Maintenance is announced in advance whenever possible.

3.3           Ownapply may from time to time adapt the Service. Your feedback and suggestions are welcome but ultimately Ownapply decides which adaptations to carry out (or not). It is not possible to stay with older versions of the Service. Ownapply will announce all major changes in advance whenever is possible.

Article 4. Intellectual property

4.1           The service, the accompanying software as well as all information and images on the website is the intellectual property of Ownapply. None of these items may be copied or used without prior written permission of Ownapply, except and to the extent permitted by mandatory law.

4.2           Information you store or process using the Service is and remains your property (or the property of your suppliers or licensors). Ownapply receives a limited license to use this information for the Service and to publish it through the Service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.

4.3           If you send information to Ownapply, for example a bug report or suggestion for improvement, you grant Ownapply a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.4           Ownapply shall refrain from accessing data you store using the Service, unless this is necessary for a good provision of the Service or Ownapply is forced to do so by law or order of competent authority. In these cases Ownapply shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1           The use of the Service is subject to fees. The website of the Service will inform you of the fees before entering into an agreement. The fee is due every year and must be paid in advance.

5.2           Payment is possible by making a wire transfer to the account of Ownapply, by creditcard, or as explained further on the website.

5.3           Because the Service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act (in Dutch: “Wet koop op afstand”).

Article 6. Limitation of liability

6.1           Except in case of intentional misconduct or gross negligence the liability of Ownapply shall be limited to the amount paid by you in the three (3) months prior to the moment the cause of the damage occurred.

6.2           Ownapply in no event is liable for indirect damages, consequential damages, lost profits, data loss, missed savings or damages through business interruption.

6.3           Damages may only be claimed if reported in writing to Ownapply at most thirty (30) days after discovery.

6.4           You declare that all the data you store through the Service is your property or that you have the permission/license to use the data. You agree and hold harmless Ownapply from all third-party claims arising out of your violation of the copyright of third-parties.

6.5           You are responsible for saving all the data, the Service is not intended as a backup service of your photos, videos, text or other content.  Ownapply in no event is liable for data loss as a result of a fault in the Service.

6.6           In case of force majeure Ownapply is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1           This agreement enters into force as soon as you first use the service and then remains in force for one (1) year.

7.2           After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one (1) month, calculated from the moment of the notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of two (2) months.

7.3           After termination of the agreement Ownapply is entitled to delete all the data you have stored through the Service. You are responsible for backing up all the data before termination of the agreement.

7.4           You can delete the data stored by you using the Service at any time during the agreement through the Service interface.

Article 8. Changes to terms

8.1           Ownapply may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in article 5.1).

8.2           Ownapply shall announce through the Service changes or additions at least thirty (30) days before their taking effect.

8.3           If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of the Service after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1           Dutch law applies to this agreement.

9.2           Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Ownapply shall be brought before the competent Dutch court for the principal place of business of Ownapply.

9.3           For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4           The version of any communication of information as recorded by Ownapply shall be deemed to be authentic, unless you supply proof to the contrary.

9.5           In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6           Ownapply is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Ownapply or the associated business activities.