User Terms and Conditions Viafix
These User Terms and Conditions apply to the use of the services and applications of Viafix. After accepting, the User Terms and Conditions constitute a legally binding agreement between you and Viafix. Read these User Terms and Conditions carefully so that you know what your rights and obligations are when you make use of the application.
Artikel 1. Definitions
1.1 In these User Terms and Conditions, capitalized words and expressions have the meanings specified as referred below:
Advertisement Offering: the non-committal information regarding one or more featured product(s), service(s), request(s) and/or Giveaway(s), submitted by Provider to the Application and on the basis whereof i) a Viafix-code is generated and ii) the User – whether or not after scanning a Viafix-code – can submit a request;
Application: the remotely accessible mobile/web application and all underlying technical infrastructure, developed by Viafix and by means of which the User, amongst other things, can view Content and submit a Request;
Content: all information, data, video’s, photo’s, weblinks and other materials provided, changed or uploaded by the Provider into its Account, which include Advertisement Offerings, Product feeds and Polls;
Giveaway: an Advertisement offering regarding a contest or lottery organized by Provider, to which a User is referred after scanning or manually inserting a specific Viafix-code, and in which contest or lottery the User can participate free of charge and win a Prize, whether or not after a Transaction regarding a specific, free Offer is established;
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 neighboring rights, as well as rights to know-how;
Offer: a proposition offered by the Provider to Users via the Application, as well as information related thereto. An Offer may comprise of an Advertisement Offering or a specific product of a Product Feed, regarding a product for which the User can submit a Request. Offers are always non-committal;
Poll: an opinion poll or survey, which is published by the Provider in the Application and in which a User can participate, after scanning or manually inserting a Viafix-code;
Product code: a (bar) code located on a product or its packaging which a User – after scanning or manually inserting the code – can submit to search for a specific Offer in a Product feed in the Application;
Product feed: the non-committal list of goods and/or services with information such as Product codes, descriptions, visuals, pricing, estimated delivery times and terms and conditions, which information the Provider submitted in the Application so that Users can view Offers and submit Requests;
Provider: a party that has created an account with Viafix and has made Content available at the Application at any given time;
Request: the request of a User via the Application to make use of an Offer of a Provider, whether against payment and/or other performance;
User Terms and Conditions: These User Terms and Conditions;
Transaction: the binding agreement between a Provider and a User, which comes in effect after the acceptance by Provider of a Request submitted by User, and on the basis of which Provider is held to deliver the Offer to User in accordance with its own (delivery) terms and conditions, whether or not against payment;
User: the person, whether or not acting on behalf of a third party if it is authorized to do so (whether a legal entity or another person), which person installed and/or makes use of the Application and thus has accepted these User Terms and Conditions;
Viafix: the provider of the Application, being Viafix Nederland B.V., a limited liability company incorporated under the laws of The Netherlands, having its registered office at (2596 AL) The Hague, on Zuid Hollandlaan 7;
Viafix-code: a promotional code or which directs a User – after scanning or manually entering the code in the Application – to a Poll or specific Offer from an Advertisement Offering in the Application.
Artikel 2. General
2.1 By installing or using the Application the User agrees to the User Terms and Conditions.
2.2 The User Terms and Conditions apply to the use of the Application by User and all legal acts of and agreements between User and Viafix.
2.3 The applicability of (general) purchase conditions or other conditions of the User is expressively excluded.
2.4 If at any time any provision of these User Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of the User Terms and Conditions and such invalid provision shall be replaced by Viafix by such other provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
2.5 Viafix is at all times authorised to amend or supplement these User Terms and Conditions. If User continues to use the Application after the Term and Conditions of Use have been modified, the User will be deemed to have consented to the amendment. The User can discontinue the use of the Application if User does not consent with the modified User Terms and Conditions. The most up-to-date User Terms and Conditions can always be found on Viafix’ website (www.viafix.com).
Artikel 3. The Application
3.1 Through the Application provided to Users by Viafix, User can view Content of Providers, for instance after scanning and/or entering the Viafix-code or a Product code. Afterwards, the User can then participate in a Poll or submit a Request with regard to an Offer.
3.2 The User warrants that it is old enough to use the relevant functionalities of the Application, including entering into a Transaction.
3.3 The Application is merely the front end of a complex platform which the User and the Provider can use to enter into a commercial relation. Viafix shall never be a party to any agreement resulting from the Application, in particular any agreement between the User and the Provider (such as a Transaction). Viafix shall not be responsible for the performance, handling, termination or cancellation of a Transaction, nor shall Viafix be liable for any damages by the User resulting from (the execution of) a Transaction.
3.4 Viafix endeavours to make the Application available with due care. Viafix may at all times, without prior publication and without becoming liable in any way to the User, adapt and/or (partly) terminate (the contents of) the Application or restrict access to the Application. Viafix is also entitled to, without prior notification, perform maintenance activities to the Application, which can result in the reduced availability of the Application.
3.5 The User accepts that the Application shall only contain functionalities, Content and other properties as available in the Application at the time of use (“as is”). Viafix specifically excludes express and implied warranties, undertakings and indemnities of whichever nature.
3.6 Viafix does not make any warranties, undertakings and/or indemnities with regard to, inter alia, the following:
- with regard to the quality, safety, legitimacy, integrity, accuracy and suitability for a certain purpose of the Application and the information and Content thereon, unless explicitly stated otherwise in these User Terms and Conditions;
- that the Application shall i) run continuously, ii) be free of viruses, Trojan Horses and other calamity caused by third parties, iii) be free of errors and/or defects in design, construction, maintenance and/or related aspects regarding the intended functioning of the Application, and/or iv) that possible defects in the Application shall be corrected; or
- with regard to the actions of Providers, and the nature and availability of the Content of Providers.
Viafix is not responsible for any damages arising from the above
3.7 The User itself is responsible for the purchase and the proper functioning and safety of the devices and proper telecom facilities (including internet connection) necessary to use the Application.
3.8 The User is fully responsible and liable for all acts carried out by him or any third party with regard to the use of the Application.
Artikel 4. Order and Transaction
4.1 If the User, whether or not after scanning a Viafix-code or Product code, comes across an Offer of a Provider via the Application, the User can submit a Request with the purpose of ordering one or more Offers. By submitting an Offer, the Provider makes an invitation to make an Offer. A Request is qualified as an offer of the User to Provider. If Provider accepts this Request, a Transaction is established, meaning that an agreement is constituted following offer and acceptance, as described in article 6:217 of the Dutch Civil Code.
4.2 Viafix does not warrant that a Transaction shall be established after submitting a Request. A Transaction may not be constituted if – for instance –the Provider does not accept a Request or the acceptance period of a Request has lapsed.
4.3 A Request can only be accepted by the Provider if the User has submitted all information requested by the Provider, including in any case the User’s correct e-mail address and relevant delivery information.
4.4 Viafix may at any time assume that i) the information entered by the User is accurate, ii) that the User only places Requests in his own name, or – if the User is authorized to do so – on behalf of a third party, including a legal entity, which person or enitity itself would be entitled to place a Request following these User Terms and Conditions and iii) the User actually wishes to establish a Transaction when submitting a Request. The User indemnifies Viafix form all third-party claims stating that the User was not entitled to place a Request or enter into a Transaction.
4.5 As soon as possible, but not later than 24 hours after successfully submitting a Request, the User will receive from the Provider a notification following the submitted Request. This notification can consist of:
- a notification of the Provider confirming that the Request is accepted, at which moment a Transaction is established;
- a notification of the Provider that the Request is not accepted because the Request did not meet the requirements of the Provider, the selected Offer is not available, the Offer can not be delivered in accordance with the specifications mentioned in the Request or any other reason.
4.6 If the Provider has not accepted a Request within 24 hours, the Request by the User is immediately revoked and the User shall be free to resubmit the Request, whether or not with another Provider.
4.7 If the Provider has not confirmed a Request within 24 hours, Viafix can inform the User by e-mail that the Request has expired.
4.8 In addition to consequences as laid down in preceding paragraphs, the conclusion of a Transaction can – after submitting a Request, be subjected to further conditions, for example the request for further information if the User has submitted incomplete information or a request for payment in advance, in case the Provider has legitimate reasons to doubt the User’s solvency.
4.9 If a Transaction has not been concluded following a Request, for whatever reason, the Provider may make the User a new offer under the conditions set by Provider. If the User accepts this offer, a Transaction will be established.
4.10 The User may be requested to give an authorization when submitting a Request, such as a signature. The User understands and accepts that its signature may be asked for this purpose and warrants that it shall in such cases submit a signature that can legally bind the User.
4.11 Submitting a Request entails that the User has agreed with any purchasing conditions, general conditions and/or promotion conditions as communicated by the Provider, as stated or referred to in the Offer. It may also be required that the User accepts additional conditions of Viafix.
4.12 The User guarantees that:
- It is willing to conclude a Transaction with the Provider by submitting a Request; and
- It will provide correct, complete and up-to-date information when submitting a Request.
4.13 The User understand and accepts that a Transaction is a legally binding agreement with a Provider, and that concluding a Transaction entails specific rights and obligations towards the Provider. Viafix does not take note of these rights and obligations and complying with such rights and obligations is the sole responsibility of the User.
4.14 The Provider is fully responsible for carrying out the Transaction. Possible questions, queries and/or complaints by the User to Viafix about a Request or a Transaction shall not be processed by Viafix. The Provider is responsible for handling such questions, queries and complaints and the User.
Artikel 5. Giveaway
5.1 By scanning or entering a Viafix-code, it is possible for the User to participate in a Giveaway of a Provider and thus be eligible to win a prize. The organization of or participation in a Giveaway is the explicit responsibility of the Provider, as is the granting and delivery of prizes. Viafix is not liable or responsible for Giveaways in any way or the (correctly) awarding or offering of prizes.
5.2 The Provider may require the User to comply with additional requirements in order for the User to participate in a Giveaway, such as – but not limited to – accepting promotional conditions, submitting personal information and/or ordering a certain Offer at no costs. A User can only participate in a Giveaway if it meets all relevant requirements imposed by the Provider. Viafix in no way guarantees that a User will actually win a prize.
5.3 Viafix makes no warranties or promises regarding the (validity of) a User’s participation in a Giveaway.
Artikel 6. Poll
6.1 By scanning or manually inserting a specific Viafix-code, the User is able to participate in a Poll. A Poll is offered by a Provider and Viafix is therefore not responsible for the availability, contents and other aspects of a Poll, nor is it liable for the availability thereof.
6.2 Viafix endeavours to present the results of a Poll accurately, complete and up-to-date, but can not guarantee the accuracy of these result or that they are representative for a bigger group. No rights can be derived from the results of a Poll by the User or any third party.
Artikel 7. Intellectual Property Rights
7.1 The Intellectual Property Rights with regard to the Application, including the Intellectual Property Rights regarding the information made accessible via the Application such as the texts, the look-and-feel, templates, video-, audio- and image- or photo material, are vested in Viafix and/or its licensor(s). Nothing in these Terms or Conditions of Use intends the transfer of any Intellectual Property Right.
7.2 Under the conditions set out by these User Terms and Conditions, Viafix grants the User a restricted, personal, revocable, non-exclusive, not sub-licensable and non transferable right to access and use the Application.
7.3 The User understands and accepts that the Provider is fully responsible for the Content it submits, including – but not limited to – the (content of) Polls, the Advertisement Offering and the Product Feed. The Intellectual Property Rights regarding the Content are vested in the Provider and/or its licensor(s) and Viafix is not liable for any damages related to the Content placed by Providers.
7.4 If – in whatever possible way - the User submits any content to the Application, the User thereby automatically grants Viafix an unlimited, free of charge, worldwide, irrevocable, sub-licensable and transferable right to reproduce and to make the uploaded material available, in so far as this is necessary to make the Application available and to provide its services.
7.5 The User is explicitly not entitled to download, copy, edit, reverse-engineer, make available or use the material protected by Intellectual Property Rights for any other purpose than the purposes mentioned in these User Terms and Conditions, unless Viafix has explicitly given the User consent to do so or if mandatory Dutch law allows such use.
Artikel 8. Privacy
8.1 When using the Application and the services available thereon, the User may provide personal data to Viafix. Viafix processes these personal data at all times in accordance with its Privacy Statement and all applicable rules and legislation with regard to privacy.
8.2 Creating a personal account is never necessary for the use of Viafix. However, a Provider shall require a User’s personal information of a User to confirm a Request and to a perform a Transaction. The User understands and accepts that Viafix cannot manage or control the processing of personal data by the Provider or that a Provider processes these personal data in accordance with its own privacy statement.
8.3 In order to enhance its user experience, the User may choose to save his personal data on his own device, but this is not required. If the User saves its personal data on its device, it is at all times the sole responsibility of the User to keep these data secret. The personal data shall be removed from the User’s device when the User deletes the information or the Application. A User is not required to provide personal information when participating in a Poll.
Artikel 9. Warranties and indemnification
9.1 Viafix endeavours, to the best of its ability, to have Providers ensure the accuracy of their Content in the Application, such as prizes, conditions and delivery times, but does not warrant the accuracy and completeness of the Content.
9.2 Viafix aspires for all Providers to make it possible for Users to pay for a Transaction after delivery of the Offer by the Provider. However, the User understands and accepts that in individual cases a Provider may require payment in advance.
9.3 Viafix endeavours, to the best of its ability, for Providers to compensate the delivery costs of an Offer if a Transaction exceeds an amount mentioned in the Application. However, a Provider may reserve its right to charge delivery costs in additional conditions. In such case, Viafix can never be held to refund the delivery costs incurred by the User.
9.4 Viafix endeavours for its Providers to maintain a certain level of professionalism, but can not guarantee that Providers comply with their obligations, including their legal obligations and obligations towards the User. Viafix can not guarantee that Providers will i) commit to the quality requirements imposed by Viafix, or that Providers will ii) process the personal data of the User in accordance with the relevant laws and regulations.
9.5 It is the explicit responsibility of the User to submit Requests with trustworthy Providers.
9.6 The User warrants that all information it submits to the Application is at all times accurate, complete and up-to-date. The User is not entitled to submit Requests on behalf of other persons or entities, unless User is expressively authorized to do so by this third party, which may include a legal entity.
9.7 The User fully indemnifies Viafix from any claims by a Provider and/or a third party, based on a failure to comply with the conditions laid down in these User Terms and Conditions, including submitting an incorrect or incomplete Request by the User.
9.8 Viafix does not warrant that a Request will be correctly submitted or that the User will receive a reaction in 24 hours after submitting a Request. The User can therefore not derive any rights from a submitted Request.
9.9 Viafix shall, to the best of its ability, ensure that only valid Viafix-codes will be issued, but can not guarantee that a Viafix-code or Product code actually refers to the intended Poll or Offer. The User understands and accepts that a Viafix-code or Product code may sometimes not refer to the (correct) Poll or Offer, for example because the Poll or the Offer is adjusted or deleted or has expired. The User can not derive any rights from a Viafix-code or a Product code.
9.10 The User is responsible for complying with his administrative and tax obligations following from the use of the Application.
Artikel 10. Compensation
10.1 The use of the Application is free of charge. However, a Provider may charge costs for an Offer. The User understands and accepts that he enters into a payment obligation when a Transaction is concluded regarding a Offer for which a Provider has charged costs.
10.2 The payment of an Offer for which the Provider charges costs is subject to the payment conditions and methods used by that Provider. The User understands and accepts that Viafix does not have any control over the payment method a Provider uses and Viafix is not responsible for the availability and correct functioning of this method and its process. The User will at all times be responsible for making payment. If the User experiences any problems when making a payment, it’s sole remedy is to contact the Provider regarding the relevant Transaction.
10.3 A Provider can request the User to provide a direct debit authorisation. The User understands and accepts that Viafix will only send such an authorisation to the Provider and that Viafix is not involved with the execution of such payment.
Artikel 11. Liability
11.1 The liability of Viafix due to an attributable breach of its obligations, on account of an unlawful act and/ore any other act or omission by Viafix, its employees or third parties engaged by Viafix, will be limited to compensation for direct damage. The liability of Viafix for direct damage for each event (a series of related events will be considered as one event) will under no circumstances exceed an amount of EUR 250,-.
11.2 Direct damage is understood to mean exclusively:
- property damage;
- reasonable costs which the User would need to incur to make the performance of Viafix correspond to the Agreement;
- reasonable costs incurred in assessing the cause and the extent of the damage, in so far as the assessment is related to direct damage as referred to in these User Terms and Conditions;
- reasonable costs incurred in preventing or limiting damage, in so far as the User proves that such costs led to a limitation of direct damage as referred to in these User Terms and Conditions.
11.3 Viafix is not liable for any other damage than direct damage as described in article 11.2, including damage arising out of or resulting from (parts of) of the Application, including, without any restriction, loss of revenue, loss of profit, loss of anticipated savings and other similar financial losses, such as loss of goodwill or reputation or other incidental, indirect or punitive, exemplary or any other non-compensatory damages, of whatever nature, irrespective of if User has informed Viafix of such possible damages.
11.4 The existence of any right to compensation is always conditional on the User reporting the damages to Viafix in writing. Any claim for compensation vis-à-vis will be cancelled simply by the expiry of twelve (12) months after the damage first arose.
Artikel 12. Duration and Termination
12.1 The agreement between the User and Viafix for the use of the Application shall commence when the User installs respectively uses the Application. The agreement is entered into for an indefinite period and either party may terminate the agreement with immediate effect. The User can terminate the agreement with Viafix by removing the Application. This termination does not have any effect on any agreement between a User and a Provider, such as – in particular – a Transaction.
12.2 Viafix will have the right to delete a Request or block a User respectively deny access to the Application, for example – but not limited to – when a User acts in breach of the User Terms and Conditions and/or laws and legislations, violates (Intellectual Property) rights or the reputation of Viafix and/or third parties. Viafix may also limit or deny access to the Application if the User does not (duly) comply with the obligations towards a Provider.
12.3 In the event the agreement between Viafix and the User is terminated, for whatever reason, Viafix may limit of deny access of the User to the Application.
12.4 All clauses of these User Terms and Conditions that are drafted with the intention to survive termination of the agreement between Viafix and the User, in particular article 7, article 9, article 11 and article 13, shall survive such termination.
Artikel 13. Miscellaneous
13.1 The User Terms and Conditions and the use of the Application is subject to Dutch Law. Any and all disputes arising from or related to the Application or the User Terms and Conditions will be brought before the competent Court in Amsterdam.
Viafix is entitled to transfer the rights and obligations arising from these User Terms and Conditions to a third party and Viafix will inform the User about this as much as possible. If the User is of the opinion that this transfer of obligations to a third party is unacceptable, it can terminate its agreement with Viafix by deleting the Application.