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Terms of Use
1. APPLICABILITY
1.1 The Terms of Usage described here are applicable to all usage of all
sites run by epointment, including, but not limited to:
www.epointment.com, www.epointment.nl, www.epointment.org,
www.epointment.net, www.epointment.info, www.epointment.biz, hereafter
referred to as 'epointment'.
1.2 The Terms are applicable to all unregistered visitors and registered,
paying and non-paying users of epointment, hereafter referred to as
'users'.
1.3 The Terms are applicable to direct usage of the site, and to those cases
where epointment functionality is integrated into the sites of users or
third parties.
1.4 Where in the text the words 'he', 'his' or 'him' are used, one should read
'he/she', 'his/her', 'him/her' respectively.
1.5 By registering for epointment, the user agrees to these Terms and
applicable laws.
1.6 Being based in The Netherlands, all activities and expressions of
epointment are subject to the Dutch law.
1.7 The Terms may be subject to change without prior notice. It is important
to remain up to date with these Terms. Epointment assumes that each user
is familiar with all information in the Terms.
2. REGISTRATION
2.1 Several services of epointment can only be used by users who have
registered an account.
2.2 By registering an account, the user agrees to the Terms as described in
this document.
3. PRIVACY POLICY
3.1 Personal data of users is stored in an electronic database, which is
necessary for epointment to provide its services. The user approves of
this by registering an account.
3.2 When a user makes an appointment with another user, at least the e-mail
address of the user is communicated to the user with whom the appointment
is made.
3.3 Some companies require more information about users (e.g. a hairdresser
may want to know the city of the user). If such is the case, epointment
will indicate which data will be communicated to the other party. Based
on this information, the user can decide to refrain from making the
appointment.
3.4 Without approval from the user, stored personal data is not retrievable
by third parties and/or other users, except in those cases where
epointment is dictated to do so by law, or in those cases where this
is necessary to pretect the rights of epointment or its users.
3.5 When making appointments, the user may sometimes be asked if he wants
to be informed per e-mail of news or information about the other party.
By confirming this question, the user approves of communicating his
e-mail address to the other party, and the user grants the other party
the right to use his e-mail address for commercial purposes.
3.6 When making appointments, the user may sometimes be asked if he wants
to be informed per mail of news or information about the other party.
By confirming this question, the user approves of communicating his
address to the other party, and the user grants the other party
the right to use this data for commercial purposes.
3.7 When registering an account, the user can opt to be listed in the
epointment register, which is searchable through the site. When the user
selects this option, he agrees to have is name, e-mail address, a
description and picture(s) (if any) published for both registered and
anonymous users of epointment.
3.8 Users of several of the paid accounts have the option of specifying an
'epointment ID'. This ID will be used instead of the e-mail address in
the register and when making appointments. Except in the case of paragraph
3.3 or 3.5, the e-mail address wil not be communicated to other users.
3.9 In his personal settings page, the user can review what personal data
epointment has stored in its database. Statistics gathered by epointment
and historical information can not be viewed, because this is comprised
mostly of technical data. On request, this data can be aqcuired by the
user. Requests can be e-mailed to privacy@epointment.com. To prevent
abuse, the data will only be sent to the e-mail address that has been
configured in the users' personal settings.
3.7 If a user decides that epointment should no longer store the users'
personal data, he can send a request to privacy@epointment.com to
terminate his account. To prevent abuse, a confirmation request mail will
be sent to the e-mail address that has been configured in the users'
personal settings. Removal of the data will render the account unusable.
Usage of epointment will no longer be possible for the user, unless he
registers a new account.
4. RESPONSIBILITIES OF THE USER
4.1 By accepting the Terms of User, the user acknowledges that epointment will
not be held responsible for the behaviour of its users, in whatever way
possible at any possible moment in time, and that epointment is not
accountable for any material published on the site by the users.
4.2 The services offered by epointment are provided AS-IS. Epointment is not
liable for any damages that are suffered by direct or indirect use of
epointment. Epointment provides services but is as such not responsible
for the consequences of its use.
4.3 The user is encouraged to report to epointment any form of insult,
harrassment, discrimination, obscenity, threat, criminal act or
abuse by users of epointment. Reports can be sent to abuse@epointment.com.
Although epointment is not legally required to do so, epointment will do
anything in its power to instruct the user to remove the offending
material, or to directly remove the material at epointments discretion.
4.4 Epointment will not be used in any way for illegal or punishable acts,
including publication of material, behaviour or expressions, as described
in paragraph 4.3. This includes, but is not limited to, the following
acts: illegal and/or punishable publication of text or pictures, sexist,
pornographic, racist or discriminating expressions, child porn, child
abuse, criminal datatransfer, insulting remarks, hacking, vandalism,
damaging or disabling of systems, spreading virusses or the intentional
disruption of communication or data storage, acquiring access through
false credentials, fals acts, violation of intellectual property of third
parties, theft, illegal publication of confidential or personal
information.
4.5 Epointment has the right to reject or remove texts or other expressions or
pictures, particularly in, but not limited to, those cases as described
in paragraph 4.3 and paragraph 4.4, at the sole discretion of epointment.
4.6 By registration of an account, the user states that the information he
provides is accurate and complete.
4.7 By registration of an account the user stats that he himself is personally
responsible for all that he publishes on the site, and for all his
participations in epointments' activities, in relation to the user and
in relation to his interactions with other users.
4.8 Users have to take care that the credentials, which have been provided by
epointment to log in to the site, will not be made available to third
parties. Accounts are strictly personal, and any use by a person other
than the user who registered the account is considered a violation of the
Terms of Usage.
4.9 By registering an account the user agrees not to use the personal data
of third parties and/or users that he obtained through epointment, for
any purpose, including, but not limited to, transfering this data to
others or sending mailings to these users or third parties, unless this
is explicitly permitted by epointment.
4.10 By registering an account the user agrees not to send unsolicited e-mail
(spam) to other users, unless the user has been granted permission as
stated in paragraph 3.5.
4.11 By registering an account the user agrees that he will not intentionally
harm or disrupt the use of epointment by himself and/or other users.
5. COPYRIGHTS
5.1 All parts of epointment are protected by copyrights. No information may
be copied or spread in whatever form, without prior permission of
epointment.
5.2 Without permission of epointment and without permission of the copright
holder, no material of whatever form, protected by copyright, may be
published on or spread through epointment, including, but not limited to
texts, pictures and musical files.
6. SECURITY
6.1 Epointment is required to take measures for proper security.
Epointment is not liable for any damage to users or third parties, that
are the consequence of insufficient security precautions.
6.2 Epointment is not repsonsible for expressions and/or actions of whatever
form of users. Epointment is however required to cooperate in preventing
or stopping situations as described in paragraphs 4.3 and 4.4.
6.3 Epointment is not responsible or liable for expression of whatever form
that are published on the site without permission of epointment, by third
parties, such as 'hackers'.
6.4 Epointment is not responsible for the use by third parties of information
or personal data published by the user, such as, but not limited to,
descriptions or contributions, that are posted on epointment, when it
is clear that such information will be publicly available through
epointment.
7. LIABILITY
7.1 Epointment accepts no liability for direct and/or indirect damage due
to a shortcoming with respect to an agreement or any other obligations
to its users, unless the damage is caused by negligence on behalf of
epointment or any of its employees.
7.2 Epointment's liability is in any case limited to at maximum an amount
equal to the amount paid by the user for the month during which the
perceived damage occurred.
7.3 Epointment accepts no liability for damages that result from the
accidental unintended distribution of personal information.
7.4 Epointment accepts no liability for direct and/or indirect damages
as a consequence of technical malfunction, loss of service by whatever
cause, unavailability of its services, whether or not caused by problems
in hardware and/or software of epointment or third parties.
7.5 Epointment accepts no liability for shortcomings and/or direct or
indirect damages as a consequence of circumstances that are outside the
reach or influence of epointment, such as, but not limited to,
international conflicts, violent or armed hostilities, fires, floods,
hurricanes, explosions, natural disasters, decisions by national or
international courts of law or tribunals, government regulations, boycots,
delays, disturbances or any other shortcomings on behalf of third parties.
8. RIGHTS
8.1 Epointment has the right to reject users, with justification of the
reasons.
8.2 Epointment has the right to change the Terms of Usage withour prior
notice. see also paragraph 1.7)
8.3 Epointment has the right to change its prices and rates without prior
notification. The changes are immediately applicable to new accounts.
Changes in prices and rates that are applicable to existing accounts will
be communicated per e-mail to the user two months prior to the change.
If users do not agree to the price change, they are permitted to end
their contract per the first day on which the new prices will be applied,
regardless of previous arrangements.
8.3 Epointment has the right to check all contributed information for
violations of the Terms of Usage, in particular with respect to paragraph
4.4. If any irregularity is found, epointment has the right to reject or
remove the information and if necessary, lock or remove the account.
9. ENDING THE REGISTRATION/AGREEMENTS
9.1 An account can be terminated and/or delete at any time by the user or
epointment, without cancellation period.
9.2 Agreements with respect to paid services/paid accounts are set for a
period of 1 month, 3 months, 6 months or a year, at the choice of the
user. Intermediairy termination of the account is possible, but this
will not relieve the user from the obligation to pay for the period
that the user and epointment have initially agreed upon. Such a case
will never lead to restitution of amounts already paid.
9.3 Agreements with respect to paid services that have been set for a specific
length of time will not automatically be silently prolonged (unless
otherwise agreed upon by the user and epointment). One month, 2 weeks, 1
week and several days before the end of the contract, the user will be
notified that the contract is nearing an end, and he will be provided with
the possibility to extend the contract for a period of 1 month, 3 months,
6 monts or a year.
9.4 If the user of paid services does not use the possibility to extend his
contract, the paid services will automatically be terminated at the end
of the contract.
9.5 Epointment has the right to terminate accounts and/or contracts without
justification or legal intervention, or block access to the epointment
services, if the user does not, or not properly, fulfil one or more of
his obligations towards epointment, or when the user acts in conflict with
the rules of law.
9.6 Any act that does not comply to the Terms of Usage will lead in all cases
to disabling the account. The disabling will be justified with an e-mail
with an explanation why epointment decided to disable the account. After
the account is disabled, the user may during 1 week object to this.
If the user does not have any objections, or the objections are considered
invalid, epointment can remove the disabled account.
10. FINAL REGULATIONS
10.1 In the case of takeover, merger, or when epointment evolves into a
different legal entity, all rights and obligations between epointment
and users will be transfered to the new legal entity.
10.2 In the case one of the clauses of the Terms of Usage or of any agreement
are determined to be void, this will not decrease the validity of the
Terms of Usage. As a replacement, parties can define new regulations that
adhere as much as legally possible adhere to the intent of the original
agreement.
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