Article 1 - General
If one or more provisions of these terms and conditions are partially or fully void or voided, the remaining provisions of these terms and conditions will remain in effect and the void/c voided provision(s) will be replaced by a provision with the same intent as the original provision. Uncertainties about the content, explanation or situations that are not regulated in these terms and conditions, should be assessed and interpreted in the spirit of these terms and conditions.
By using the Celltrack.nz web application, User agrees that Celltrack.nz communicates about the services by means of messages (including electronic communication). If the web application is mentioned, this also includes the online portal.
Article 2 - Privacy, data processing and security
Celltrack.nz will handle the (personal) data of the User with care. Personal data will only be processed in the context of providing the services of Celltrack.nz. Celltrack.nz will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the Privacy Statement of Celltrack.nz.
Article 3 - Use of the Celltrack.nz web application
- Celltrack.nz makes every effort to make the Celltrack.nz web application available to User. All services are carried out on the basis of an effort commitment. User has access to the Celltrack.nz web application after User has created an account.
- User is at all times responsible for all data and information which it places or allows to be placed on its account and / or the Celltrack.nz web application. If User suspects that the data provided by it is incorrect or incomplete, User will inform Celltrack.nz immediately and provide the correct information. User must keep its own data up-to-date and can therefore adjust its data in its own account.
- Celltrack.nz may impose further restrictions or conditions on the access to and use of certain parts or functions of the web application, including but not limited to the creation of an account, the completion of a verification process and / or the meeting of specific quality or suitability criteria.
Article 4 - Obligations in using the Celltrack.nz web application
User has at all times an independent responsibility for the use of the Celltrack.nz web application. User is obliged to adhere to the following regulations during the use of the Celltrack.nz web application. User must refrain from using the Celltrack.nz web application:
- to use manual or automated software, equipment or other processes to index or scrape the data used within the Celltrack.nz web application on the Internet;
- in a manner that involves illegal activities or activities contrary to morality or public order;
- copying (parts of) the Celltrack.nz web application from Celltrack.nz;
- to otherwise cause harm to the interests of Celltrack.nz.
- In the event of (possible) criminal acts, Celltrack.nz is entitled to report these acts and to hand over the data provided by the User to the competent authorities, as well as to perform all acts which are required within the framework of the investigation. Celltrack.nz is entitled to deny the User access to the Celltrack.nz web application and / or to terminate the use of the Celltrack.nz web application.
- In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is for the account and risk of User.
- User is responsible for the proper security of the (mobile) device on which he uses the Celltrack.nz web application, as well as for the security and confidentiality of his own login details.
- Each User must create an account for the purpose of accessing and using the Web Application
- The account can be registered with an email address and a password, unless otherwise specified.
- The User is required to provide accurate and complete information during account registration and to keep the account updated at all times.
- The User is responsible for his or her login details and should not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possible unauthorized use of the account, User should immediately contact Celltrack.nz. User is personally liable for all activities carried out through its own account, unless User can prove that it was not negligent. This includes in any case: failure to report the unauthorized use or loss of login data.
Article 5 - Access
- Celltrack.nz only offers the use of the Celltrack.nz web application. Celltrack.nz has no responsibility over and / or influence on the implementation of the offered services by the connected network operator.
- All information and numbers displayed on the Celltrack.nz web application are subject to spelling or typing errors.
- User shall ensure that all data, which Celltrack.nz indicates is necessary or which User should reasonably understand is necessary for access and / or use of the Celltrack.nz web application, is provided to Celltrack.nz in a timely manner.
- Celltrack.nz is not liable for damages of any kind arising because Celltrack.nz has relied on inaccurate and / or incomplete data provided by the User, unless such inaccuracy or incompleteness was known by Celltrack.nz.
Article 6 - Availability Celltrack.nz web application
Celltrack.nz does not guarantee that the services will always meet the expectations created in advance. Celltrack.nz strives to make efforts to provide the Celltrack.nz web application and access to the Celltrack.nz web application to the User without interruption, to the extent possible, but Celltrack.nz does not guarantee the full availability of the Celltrack.nz web application at all times. Celltrack.nz is entitled if and insofar as in its opinion there is a threat to the flawless operation of the Celltrack.nz web application and to suspend the use of the Celltrack.nz web application. Celltrack.nz is also entitled to take all measures it reasonably deems necessary to ensure the effective functioning of the Celltrack.nz web application.
Article 7 - Notice and Takedown (NTD)
If and to the extent that there is an infringement of the rights of Celltrack.nz or third parties and / or unlawful conduct by User, Celltrack.nz is entitled to shut down that part of the Celltrack.nz web application immediately or to exclude User from use. Celltrack.nz will remove any infringing/harmful information immediately. In no event shall Celltrack.nz be liable for any damages whatsoever, arising from the (temporary) closure of the service and / or the removal or transmission of data. For more information Celltrack.nz refers you to the NTD Code of Conduct.
Article 8 - Faults and repairs
If and insofar as User suffers a malfunction and / or the web application is not installed properly or does not work, User can make use of remote assistance. User can contact Celltrack.nz for this purpose via the contact information on the website of Celltrack.nz.
Article 9 - Payment
- The right to use the Celltrack.nz web application is subject to a periodic fee payable by User for the overall use of the services of Celltrack.nz. The contents hereof and the conditions applicable thereto are made available to User prior to entering into the agreement with Celltrack.nz.
- If User does not meet its (payment) obligations arising from the agreement or these or any other conditions, Celltrack.nz is entitled to terminate the agreement and / or to suspend or terminate the use of the Celltrack.nz web application.
Article 10 - Limitation of liability
- User shall indemnify Celltrack.nz from the moment that User first uses the Celltrack.nz web application for all damages arising, except in the case of intent or gross negligence on the part of Celltrack.nz.
- Celltrack.nz shall not be liable or obliged for the proper performance of the contract by the network operator.
- Celltrack.nz is not liable for damage which is or may be the result of (imperfect and / or incorrect) information on the Celltrack.nz web application or that of linked websites or web applications.
- If the performance of the service leads to liability of Celltrack.nz towards the User, such liability shall be limited to the costs charged by Celltrack.nz in connection with the agreement with regard to direct damage. Direct damage is defined as reasonable costs incurred to limit or prevent direct damage, to establish the cause of the damage, the direct damage, the liability and the manner of recovery.
- In no event shall Celltrack.nz be responsible for errors and / or irregularities in the functionality of the Celltrack.nz web application and shall not be liable for failures or unavailability of the Celltrack.nz web application for any reason or the loss and / or corruption of User's data and information.
- Celltrack.nz does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Celltrack.nz, nor their timely receipt.
- Celltrack.nz is not liable for the fact that the User has not received the account information, has not received it correctly and / or has not received it on time. At no time is Celltrack.nz liable if User has not kept his login and / or account information in a secure place.
- All claims of the User due to failures on the part of Celltrack.nz will expire if they are not reported to Celltrack.nz in writing within one year. Any claim for compensation against Celltrack.nz must always be reported in writing, but at the latest within one year after the User was aware or could reasonably have been aware of the facts on which he bases his claims. After this period such a claim expires.
Article 11 - Force majeure
- Celltrack.nz shall not be liable if it is unable to fulfill its obligations due to a force majeure situation, nor shall it be obliged to fulfill any obligation if it is prevented from doing so due to a circumstance that is not attributable to its fault, and which is not for its account under the law, a legal act or generally accepted practice.
- Force majeure shall in any case be understood to mean, but not be limited to, the relevant definitions in the law and in case law, (i) failure to properly fulfil obligations by suppliers or their suppliers, (ii) defectiveness of goods, equipment, software or materials from third parties, (iii) government measures, (iv) electricity failure, (v) failure of internet, data network and telecommunications facilities (e.g. as a result of cybercrime and hacking), (vi) fire, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the company of CellTrack. nl and (xi) other situations which in the opinion of Celltrack.nz are beyond its control and which temporarily or permanently prevent Celltrack.nz from fulfilling its obligations.
- Celltrack.nz is entitled to invoke force majeure if the circumstance preventing (further) performance arises after Celltrack.nz should have fulfilled its commitment.
Article 12 - Agreement with third parties
Celltrack.nz only provides a Celltrack.nz web application for User to use and has no influence on the arrangements and agreement between a User and third parties. User is responsible for providing correct and complete information to third parties. Any consequences of the inaccuracy and / or incompleteness thereof shall be for the account and risk of User.
Article 13 - Intellectual property rights
- It is explicitly forbidden for the User to infringe the intellectual property rights of Celltrack.nz, as well as the good name of Celltrack.nz. All intellectual property rights and copyrights of the Celltrack.nz web application, including graphic designs, ideas and the like relating to the Celltrack.nz web application are owned exclusively by Celltrack.nz and are explicitly not transferred to User.
- User has a non-exclusive right to use the Celltrack.nz web application personally and for private use.
- The software of the Celltrack.nz web application remains at all times the property of Celltrack.nz. The software will only work in combination with the agreement that User has entered into, and in accordance with the purpose for which the web application serves. User is prohibited to make any indication in connection with the intellectual property rights of Celltrack.nz or any legally required (trademark) signs, or indications of the Celltrack.nz web application unreadable, modify or remove.
Article 14 - General (sales) conditions
Article 15 - Complaints
- If User is not satisfied with the services provided through the Celltrack.nz web application, User is obliged to report these complaints as soon as possible, but no later than within 14 days after the relevant reason that led to the complaint. Complaints can be reported via the contact page https://www.celltrack.nz/help/contact stating the subject "Complaint".
- The complaint must be sufficiently substantiated and / or explained by User, in order for Celltrack.nz to process the complaint and declare it justified.
- Celltrack.nz will respond to the complaint as soon as possible, but within 14 days after receipt of the complaint at the latest.
- Failures and / or problems resulting from improper use are at the expense and risk of the User.
Article 16 - Amendments
Celltrack.nz has the right to unilaterally modify these conditions. User will be notified of this as soon as possible. In any case, User can view the modified conditions via the Celltrack.nz web application.
Article 17 - Dispute Resolution
- Dutch law shall apply to the legal relationship between Celltrack.nz and User.
- If any provision of these terms and conditions proves to be void or non-binding, the Parties shall remain bound by the remaining provisions. The Parties shall replace the void and / or non-binding provision(s) with a binding provision, the purport of which is as far as possible the same as the provision(s) to be replaced, within the framework of these Terms and Conditions.
- All disputes between Celltrack.nz and User shall be settled by the competent court of the District Court of Midden-Nederland, location Utrecht, unless provisions of mandatory law result in the jurisdiction of another court.
Utrecht, 23 February 2022.