General Terms Dappre

Version 1.4, 29 June 2022

1. Definitions

Service

The service offered by Dappre B.V. that allows Participants to store and use digital cards from the Dappre app without sharing personal data;##### Dappre Dappre B.V. statutory seat in 5281RA Boxtel, at the Eindhovenseweg 22a, registered in the trade register of the Chamber of Commerce under number 72325747.

Dappre app

The mobile application, including the underlying digital ecosystem through which the Service can be offered to Participants. The Dappre app is owned by Dappre.

Participant

Someone who has the Dappre app installed on his or her phone and/or uses the Service.

2. General information

  1. These General Terms and Conditions Dappre app and Dappre app Services apply to the Service offered by Dappre via the Dappre app.
  2. The Dappre app is the property of Dappre B.V. The use of the Dappre app is subject to separate terms and conditions, of which these Terms and Conditions service are an integral and explicit part.

3. Basic conditions for use of the Service

3.1 Use

The Dappre app and the Service are intended for individual use by natural persons.

For any form of use which deviates from the permitted, the Participant should contact Dappre in advance, so that Dappre can assess which solutions are available for the Participant’s specific need(s) and on the basis of which conditions these can be offered.

If Participant publishes copyrighted works or makes them available to the public using the Dappre app and/or the Service, or if Participant thereby makes use of performances which are protected by copyright-related regulations (“neighbouring rights”), then this is only permitted if Participant possesses the necessary rights and if Participant has paid the flat-rate levy of the collective management organisation(s) which may apply. You must be able to prove this at Dappre’s first request.

4. Diligence and liability

Dappre declares that,

  • Dappre will exercise the care and competence reasonably expected of it in the fulfilment of its obligations under these General Terms and Conditions of Dappre app and Dappre app Service;
  • Dappre will not act contrary to the requirements of professional care in the performance of its work.

Dappre excludes any liability for the actions of third parties by whom or with whom connections or relationships are established by User using the Dappre app or Service.

Dappre disclaims any liability for the use of the Dappre app or the Service in a manner not expressly permitted.

As part of its services, Dappre has taken out liability insurance. In cases where users have suffered demonstrable damage due to a loss of connections whose cause is attributable to Dappre, the amount of compensation will be limited to the amount paid out by Dappre’s insurer in such cases.

Dappre accepts no liability for any other losses or damages, including indirect or consequential losses.

Dappre shall not be liable for a breach of any of its obligations under these Dappre app General Terms and Conditions and Dappre app Service if it is hindered or impeded in the performance of its obligations by any cause beyond its reasonable control.

5. Availability of the Dappre app and the Service

Dappre offers the free version of the Dappre app and the Service without any implied or express warranties as to the availability of the Dappre app and the Service. Dappre may interrupt its service based on the Dappre app and the Service for the purposes of maintenance, repairs and upgrades, or due to network or equipment failures. Dappre may discontinue some or all of its services at any time, including certain features and support for certain devices and platforms. Events beyond Dappre’s control may affect Dappre’s service or the availability of the Dappre app or the Service, such as natural events or other force majeure situations.

The Dappre app allows Participants to back up the connections they make with others using the Dappre app. Participants have the free choice to use this built-in backup capability and therefore this operation is not automated. Participants who do not make use of the backup option cannot access the connections they have made with others using Dappre when they switch phones. Dappre does not have the key needed to access that set of connections.

6. Termination

Dappre may modify, suspend or terminate Participant’s access to or use of the Dappre app and/or Service if Participant’s violates these Dappre app and Service terms and conditions or the intent thereof, or if Participant causes injury or potential (legal) risk to Dappre, its Participants or others.

7. Dispute resolution: applicable law and choice of forum

Dappre’s services based on the Dappre app and the Service are governed exclusively by Dutch law, even if an agreement is fully or partially implemented abroad or if a third party involved in the legal relationship between parties is domiciled there.

The District Court of Oost-Brabant has exclusive jurisdiction over disputes between Dappre and the Service Provider, unless the law prescribes otherwise. Dappre and Participant nevertheless have the right to submit the dispute by mutual agreement to the competent court according to law.

Both Dappre and Participant will only be able to appeal to the court after they have made every effort to settle a dispute in mutual consultation, either by amicable settlement, by mediation or by arbitration. When Dappre and Participant choose arbitration, they shall jointly appoint one arbitrator.

In the event of extrajudicial dispute resolution, Dappre and Participant will each bear their own costs and the costs incurred by Dappre and Participant together will be divided equally between Dappre and Participant.

8. Acceptance of general terms and conditions

By using the Dappre app and/or the Service, Participant accepts these General Terms and Conditions of Dappre app and Dappre app Service to the exclusion of any deviating own terms and conditions of Participant.

9. Amendments and supplements to general terms and conditions

These General Terms and Conditions of Dappre app and Service Dappre app may be amended or supplemented by Dappre. If and when this happens, the user will receive a notification. Any further use after such notification implies acceptance of the amended and/or supplemented version.

10. Notification procedure

Notifications shall be made in writing and sent either by e-mail (unless it concerns notification of legal proceedings), or by post. Each notification sent by Dappre to a Participant shall be addressed to the e-mail address that the relevant Participant has provided to Dappre. Any notification to Dappre may be sent to Dappre B.V., Eindhovenseweg 22a, 5281RA Boxtel, The Netherlands, e-mail: [email protected].

11. Final provision

In the event that any provision of these General Terms and Conditions of Dappre app and Service Dappre app is invalid or unenforceable, the validity and enforceability of the other provisions of these General Terms and Conditions of Dappre app and Service Dappre app shall not be affected. Such an invalid or unenforceable provision shall be replaced by a valid and enforceable provision which comes closest to the economic effect of the invalid or unenforceable provision as envisaged by Dappre and Participant.

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