De dienst “;RouteXL "; you will be over the internet by way of software as a service offered by Mars Management Science (“MMS”), established in Heiloo and office at the address Kennemerstraatweg 464, OF 1851.
The use of RouteXL below are conditions attached. By using RouteXL, do you agree with this. Deviations from these conditions are only binding if accepted in writing by MMS.
article 1. The service and its use
1.1 RouteXL is offered for the benefit of routing through the tools offered via the website RouteXL. You decide how you deploy the tools and for what specific purposes.
1.2 MMS may require mandatory registration for some of its services by providing its. Once your registration is completed, you can log into your account and use the service. MMS holds only registered users the history and user settings.
1.3 You will need access to your account to foreclose using the username and password for unauthorized. In particular, you should keep your password strictly confidential. MMS may assume that everything that happens from your account after login with your username and password, is under your direction and control. So you are liable for all acts, unless you reported at MMS that someone else knows your password.
1.4 RouteXL you process personal data. MMS acts as processor within the meaning of the Data Protection Act; you are the controller. You indemnify MMS all claims of the parties involved under this Act.
Article 2. use Rules
2.1 It is forbidden to use RouteXL for acts that are contrary to the Dutch or other applicable law- and regulations. This will include the store or distribute through the service information that is defamatory, is defamatory or racist.
2.2 In particular, it is prohibited to use RouteXL in a way that nuisance or annoyance to other users created. Among others is through the use of own scripts or programs up- or downloading large amounts of data, or the excessive often calling the service.
2.3 If MMS finds that you violate the above terms, whether a complaint will receive, MMS may itself intervene to terminate the infringement. The provisions of Article 7.4 of these conditions is then applied.
2.4 If in the opinion of MMS nuisance, damage or other hazard to the functioning of the computer systems or network RouteXL or third parties and / or the services provided over the internet, in particular, because of the excessive doing the calculation of routes or otherwise excessively calling the service, leaks of personal or activities of viruses, Trojans and similar software, MMS is entitled to take all measures it deems reasonably necessary to avert this danger or to prevent.
2.5 MMS is entitled at any time to report offenses reported. Furthermore, MMS entitled to your name, address, IP address and other identifying data to deliver to a third party who complains that you are infringing on his rights or these Terms and Conditions, provided that the correctness of the complaint is reasonably plausible enough, there is no other way to get this information and the third has a clear interest in release of the data.
MMS 2.6, the damage caused by violation of this code on your stories. You indemnify MMS from all third party claims relating to damage caused by a violation of this AUP.
Article 3. Availability and maintenance
3.1 MMS is committed to make available the service are, but does not guarantee uninterrupted availability.
3.2 MMS maintains the service active. If maintenance is expected to result in a limitation of the availability, MMS, this will execute as the use of the service is relatively low. Maintenance is announced in advance as possible. Maintenance related emergencies can occur at any time and without prior announcement.
3.3 MMS may from time to time to adjust the functionality of RouteXL. Taking your feedback and suggestions welcome, but ultimately decided MMS itself what adjustments they may or may not enter.
3.4 MMS will perform endeavor maintenance as well as possible, but this will also depend on its supplier(s) and third-party updates and error recovery software. MMS is entitled some updates do not install if correct operation of the software in its opinion does not benefit or not in your interest.
Article 4. Intellectual property
4.1 The service RouteXL, its software and all information and images on the website is the intellectual property of Mars Management Science. They may be copied or used in any form without the separate written consent of MMS, except where permitted by law.
4.2 Information that you save or processed through the service and remains your property (or that of your suppliers). MMS has a limited license to use this information for service, including future aspects.
4.3 If you send information to RouteXL, For example, feedback on an error or suggestion for improvement, gives you its unlimited and perpetual license to use this information for service. This does not include information that you highlight emphatically as confidential.
4.4 MMS will take cognizance of data you store and / or distributes through RouteXL, unless this is necessary for a good service or MMS is obliged to do so under a statutory provision or court order. In that case, MMS will endeavor the notification of data to minimize, so far as lies within its power.
Article 5. Fee for service
5.1 The use of RouteXL is a fee attached to use certain features. You will be advised of the relevant functionalities on costs. The fee is per unit, route and / or address calculated.
5.2 Payment can be made via PayPal, by transferring the amount to the bank account itself MMS, via iDealbetaling, via creditcard, by direct debit, or according to the payment instructions at the website.
5.3 Because the service is delivered directly, and be on your explicit request, it is not possible to undo a payment by relying on the Distance Selling Act.
Article 6. Obligation / limitation of liability
6.1 RouteXL strive to the utmost in order to offer an optimal route. However, route optimization is a complex mathematical problem, which no absolute formula for the current state of scientific knowledge available. MMS can notably for this reason, but also because of its dependence on the quality of third-party data (in particular cards) no guarantee of absolute optimality of calculated routes. MMS is committed to getting the best 95% of the calculated routes 95%.
6.2 MMS will also strive to the utmost in order to map to the correct location addresses entered by the user, and translate to locations to the right addresses. MMS can not guarantee the accuracy of addresses and locations. The user is responsible for checking the correctness of addresses and locations on the map.
6.3 Instructions for navigation are suggestions. Conditions and traffic regulations always take precedence. The driver is obliged to heed and is personally responsible for following the suggestions.
6.4 The provisions of Articles 6.1 to 6.3 implies that MMS, except in cases of willful misconduct or gross negligence, can never be liable for damages resulting from not absolute optimality of routes and / or defects in the display of addresses and locations on the map.
6.5 Except in case of intent or gross negligence liability MMS is further limited to the amount you paid in the three months prior to the time of the harmful event.
6.6 MMS is explicitly not liable for indirect damage, consequential damages, lost profits, lost savings and loss due to business interruption.
6.7 The condition for the existence of any right to compensation is that you damage within two months after discovery in writing to notify MMS.
6.8 In case of force majeure, MMS never be obliged to compensate any loss suffered by you. Force majeure situations include cases to malfunction or breakdown of the Internet, telecommunications infrastructure, blackouts, domestic disturbances, mobilization, war, gridlock, staking, exclusion, business interruptions, stagnation in supply, fire and flood.
Article 7. Termination and suspension service
7.1 This Agreement is effective as soon as you are first used the service and runs indefinitely.
7.2 The Agreement may be terminated at any time, with a notice period of one month, counted from the time of termination.
7.3 MMS may terminate the agreement if you have not logged in twelve months. The agreement ends automatically if a party capable of bankruptcy, suspension of payments, or general will seize power partly laid file, dies, goes into liquidation or is dissolved.
7.4 MMS has the right to employ or not to temporarily suspend or discontinue if you fails to fulfill any obligation towards MMS, unless such failure to suspend or discontinue the service in view of the subordinate does not justify.
7.5 After the end of the User Agreement MMS is entitled to delete all the benefit of stored data. MMS is not obliged to provide a copy of these data.
Article 8. changes to terms
8.1 MMS should these conditions and adjust pricing at any time.
MMS 8.2, the amendments or additions at least thirty days prior to entry into force announce through the service so that you can hear it.
8.3 If you do not wish to accept an amendment or addition, you can cancel the agreement until the date of entry into force. Use of the service after the effective date shall be deemed acceptance of the amended or supplemented Conditions.
Article 9. Other provisions
9.1 This agreement is governed by Dutch law.
9.2 Except as otherwise required by mandatory law, all disputes relating to RouteXL be submitted to the competent Dutch court for the district in which MMS is located.
9.4 The version of communication or information as stored shall be deemed to be correct MMS, unless evidence to the contrary in this regard.
9.6 MMS is entitled to transfer its rights and obligations under the agreement to a third party who takes over RouteXL whether the business activity of its.
9.7 These Terms and Conditions are drawn up in Dutch and English. In case of differences (the interpretation of) the text prevails The Dutch text.