1013 AS, Amsterdam (The Netherlands)
Article 1 — Definitions
Terms used in these conditions of use with an initial capital letter shall be understood to mean:
- 1.1 Service:
- The service that Digital Intelligence provides to the User by, among other things, providing access to an Account via Website wishlist.co.uk - and which is further described on Website and in article 3 of these Terms and Conditions of Use.
- 1.2 Terms and Conditions of Use:
- the Terms and Conditions of Use as described in this document.
- 1.3 Intellectual Property Rights:
- all intellectual property rights and related rights, such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how and one-line performance.
- 1.4 License:
- broad, free of charge, irrevocable, perpetual, unencumbered, worldwide, sublicensable, non-exclusive permission to Digital Intelligence BV to use, reproduce, disseminate and/or publish (in whole or in part) information provided in the context of the Service, including in any case for purposes related to the Service and/or publications of Wishlist.co.uk.
- 1.5 Account:
- personal environment for the User on the Website that is created when the User registers for the Service by creating a wishlist.
- 1.6 User:
- a natural person who creates an Account on the Website and/or otherwise makes use of the Service.
- 1.7 Wishlist.co.uk:
- Wishlist.co.uk is a service of Digital Intelligence BV, user of the Terms and Conditions of Use and established at Silodam 252, 1013 AS in Amsterdam, the Netherlands, registered under the Chamber of Commerce number 34121564.
- 1.8 Password:
- The password provided by the User to gain access to his/her Account.
- 1.9 Website:
- The website via which Digital Intelligence BV offers its Service and which can be accessed via www.wishlist.co.uk.
- 1.10 List:
- The List that the User can create on Wishlist.co.uk with the the gifts he/she wishes to receive and that can be viewed by others.
Article 2 — Applicability
- The Terms and Conditions of Use apply to the User's access to and use of the Website and the provision of the Service to the User.
- Digital Intelligence BV explicitly rejects the applicability of any User-supplied (general) terms and conditions.
- Any deviations from the Terms and Conditions of Use are only valid if they have been explicitly agreed upon in writing between Digital Intelligence BV and the User.
Article 3 — Service
- The Service concerns the Digital Intelligence BV Service and all legal acts in the relationship between Digital Intelligence BV and the User.
- The Service offered by Digital Intelligence BV on www.wishlist.co.uk includes the creation and maintenance of one's own wish list and the inspection of lists of other Users.
Article 4 — Registration, Password, Profile, Login procedure and Personal question
- In order to use the Service, the User must create an Account in the manner described on the Website and in accordance with the Terms and Conditions of Use.
- Only a User who is (legally) authorised or entitled to make use of the Website and to purchase the Service is entitled to create an Account.
- Digital Intelligence BV reserves the right to change or delete an Account if Digital Intelligence BV deems this necessary in connection with the provisions of article 4.1.
- When creating the Account, the user must enter a Password which, in combination with the e-mail address provided, gives access to the Account. The user has the option of adding a personal question to his/her Account. Without a personal question, the User's list is publicly accessible. User is responsible for and will handle his/her Account, Password and Personal Question with care.
- User acknowledges that his/her Account and Password are personal and non-transferable. It is therefore not permitted to create an Account in someone else's name.
- Digital Intelligence BV may assume that the User is who he says he is in his Account.
- As soon as the User knows or has reason to suspect that a Password and the associated e-mail address have come into the possession of unauthorised third parties, the User shall immediately inform Digital Intelligence BV, without prejudice to the User's own obligation to immediately take effective measures himself, such as changing the Password.
- Digital Intelligence BV reserves the right to change the login procedure and/or the Password if it deems this necessary in the interests of (the functioning of) the Service.
Article 5 — (Personal) Data
- It is the User's responsibility to ensure that the information contained in the Account created on the Website is always accurate and up to date.
- The User may only use the (personal) data of third parties made public via the Website for personal purposes. The User is not permitted to process data obtained via the Website for other purposes.
- The User agrees that providing data when creating the Account on the Website is equivalent to granting a Licence to use for the provision of the Service.
- If the User deletes his/her Account for whatever reason, the Licence referred to in
- 5.4 shall remain in full force and effect. Personal data contained therein will be processed in accordance with the Privacy Statement.
Article 6 — Use of the Service
- Any use of the Service by the User is at the User's own risk, expense and account.
- The User is responsible for the activities carried out via the e-mail address and Password combination and thus the Account.
Article 7 — Intellectual Property Rights
- The Intellectual Property Rights relating to the Website, products, and the Service belong to Digital Intelligence BV. with the exception of information that falls within the scope of the Licence.
- Without Digital Intelligence BV's prior written consent, the User is not permitted to make available, reproduce, distribute, transmit, or otherwise reproduce the Website or any of its content to third parties, or incorporate it in any other document, automated file, or other material in any way whatsoever.
Article 8 — Indemnification
- The User indemnifies Digital Intelligence BV against claims by third parties based on the statement that the activities performed by the User using the Service are in any way unlawful and/or related to and/or result from the User's failure to comply with the Terms and Conditions of Use.
- Digital Intelligence BV will make reasonable efforts to provide the Service. However, Digital Intelligence BV does not guarantee that the Service will be accessible at all times and without interruptions or malfunctions, nor that the Service will be provided without error. Malfunctions in the Service may also, but not exclusively, occur as a result of malfunctions in the internet or telephony connection or due to viruses or errors/faults.
Article 9 — Liability
- Digital Intelligence BV does not accept any liability for damages resulting from attributable shortcomings in the performance of the Service, including, but not limited to, damages resulting from or related to the use of the Service or the impossibility to use the Service and/or any related services provided by Digital Intelligence BV, whether in tort or otherwise, to the extent permitted by mandatory law.
- Digital Intelligence BV shall never be liable for indirect damages, including consequential damages, lost profits, lost savings, damages due to business stagnation and damages due to loss of data, related to or arising from the Service and/or use of the Website, including use by third parties.
- A condition for the existence of any right to compensation is that the User notifies Digital Intelligence BV of the damage in writing as soon as possible after its occurrence. Any claim for compensation against Digital Intelligence BV will lapse twelve months after the claim has arisen.
Article 10 — Duration and termination
- User has the right to stop using the Service and terminate the Account at any time.
Article 11 — Miscellaneous
- The Terms and Conditions of Use are governed by Dutch law.
- All disputes arising between User and Digital Intelligence BV in connection with and/or related to the use of the Service and/or Website will be submitted to the competent court in the district of Amsterdam, the Netherlands, unless another court is competent by virtue of mandatory law.
- Without prejudice to any legal obligations Digital Intelligence BV may have to retain an agreement between the User and Digital Intelligence BV for the use of the Website and the Service, Digital Intelligence BV is not obliged to keep any archived agreement accessible to the User.
- If one or more provisions of the Terms and Conditions of Use are null and void or are annulled, the other provisions will remain in full force and effect. Digital Intelligence BV and the User undertake to make every effort to arrive at a valid stipulation that corresponds as much as possible to the null and void or annulled stipulation.
Version December 2012