Gym-apps.nl

Gym Apps is a trade name of Concapps B.V.
Applicability of Concapps Conditions
Date: 3 May 2013
2.1 These Concapps Conditions apply to the Concapps Agreement, including all supplementary orders, negotiations, offers and other CONCAPPS LICENSE AND MAINTENANCE CONDITIONS
agreements with the Supplier, unless the parties explicitly agree otherwise in writing. 1. Definitions
2.2 The Supplier explicitly excludes the applicability of supplementary Use is made in these Concapps Conditions and the Concapps or other (general) conditions, unless the Supplier and the Client 2.3 If these Concapps Conditions are contrary to the (general) “Apps”: the mobile applications made by the Supplier on the instructions conditions of the Client as declared applicable by the Supplier and/ of the client and which can be managed by the Web Application.
or the Client to the Concapps Agreement or any other agreement, the provisions of the Concapps Agreement will prevail.
“CLIENT”: the person acting in an occupational or professional capacity 2.4 The Supplier reserves the right to unilaterally change the Concapps who has completed the Registration and/or has concluded an Agreement Conditions. The Supplier will inform the Client of any intended changes at least 15 days before these come into effect. The Client will be informed via the Website, Web Application and the App. “Documentation”: the hardcopy and/or electronic documentation The Client will accept the changes in the manner prescribed by the accompanying the App and the Web Application. Supplier. If the Client does not agree to the intended changes, it can terminate the Concapps Agreement effective on the date on “Concapps Services”: the total of services provided by the Supplier, as further described in the Concapps Agreement. Offer and agreement
“Concapps Agreement”: the agreement between the Supplier and the 3.1 All offers and quotes regarding the Concapps Services are made free of obligation and are revocable.
3.2 The offer will explicitly state whether a limited term of validity or “Concapps Conditions”: these Concapps license and maintenance 3.3 The offer provides a full and accurate description of the App and Concapps Services offered by the Supplier. The description is “User”: the Client and/or an Employee of the Client. sufficiently detailed to enable an adequate assessment of the offer by the Client. The Supplier is not bound by apparent mistakes or “Supplier”: Concapps B.V., also operating under the name ‘Gym Apps’, 3.4 The Client can also place an order directly via the Website. The Concapps Agreement is first concluded when the Supplier sends “Log-in Procedure”: the procedure as prescribed by the Supplier which the order confirmation to the Client or the Concapps Agreement must be adhered to by the Client in order to gain access to the Web 3.5 The Supplier reserves the right in the case referred to in Paragraph 4 of this article to refuse, without stating reasons, an order placed “Log-in Data: code(s) intended exclusively for the User, which can be by the Client as a result of which no agreement is concluded with used to gain access to the Web Application and the Website. 3.6 The Supplier and the Client are bound by the content of the order “Employee”: an employee of the Client or the Supplier, or a person who is or request by the Client as received by the Supplier. Entry errors or authorised to perform work on behalf of and/or under the responsibility of other mistakes made by the Client in the request or order are for 3.7 The Concapps Agreement is entered into for a period of one (1) “Error”: all shortcomings of the App or Web Application that hinder the year, unless the parties explicitly agree otherwise. functionality thereof as described in the accompanying Documentation. 3.8 On expiry of the term referred to in Paragraph 7 of this article, the The absence of any functionality in a new version of the Web Application, Concapps Agreement is tacitly renewed for consecutive periods of which was present in an earlier version, is not regarded as an Error. one (1) calendar year, unless either party, in writing or via the Web Application, terminates the Concapps Agreement at least three (3) “Providers”: suppliers of mobile application platforms on which the App months before the end of the current period. Approval of App
“Registration”: the completion via the Website of a form in which 4.1 The Supplier will make all reasonable efforts to have the App of the particulars of a future Client are recorded. Client approved by the relevant Providers. Although approval is likely, the Supplier cannot guarantee that the Providers will approve “System Requirements”: the minimum requirements made of the the App. It is noted for the record that the Client has concluded hardware and software of the Client to ensure proper use of the an own development agreement with the relevant Provider and accepts the risk that an App can be rejected.
4.2 If the App of the Client is rejected, the Client may terminate the “Confidential Information”: confidential information regarding the Client agreement with immediate effect. Concapps accepts no liability for or the Supplier, including (a) information that is explicitly qualified any losses incurred by the Client as a result of this termination.
as “confidential”, (b) information that is not in the public domain, (c) information that is not made publicly available by the party to which the Access to the Website and Web Application via Log-in
information relates and/or from whom the information originates, and (d) Procedure
information of which the confidential nature may be assumed. 5.1 The Client can acquire further information and support from the Website and the Web Application. The Website and the Web “Web Application”: the software as described in the Concapps Application provide general information to support the use of Agreement, accessible via the URL: cms.gym-apps.nl, through which the products of the Supplier. The possibility is also provided to directly Supplier by means of the Concapps Services grants the Client access for contact the Employees of the Supplier by electronic means.
use in accordance with the provisions of the Concapps Agreement. 5.2 The Supplier will via the Log-in Procedure provide the Client with access to the Website and the Web Application.
“Website”: the website of the Supplier, accessible via the URL: 5.3 The Client will comply with the Log-in Procedure. www.gym-apps.nl or www.concapps.nl, to which Users gain access 5.4 The Supplier is entitled to make changes to the Log-in Procedure as it deems appropriate. The Supplier will provide the Client with timely notification of any such changes. “Working days”: Mondays up to and including Fridays, with the exception of official public holidays in the Netherlands. 5.5 The Client will handle the Log-in Data with due care and accepts 10.3 The Client is responsible for the proper functioning of its hardware responsibility for such. The Log-in Data is strictly personal, non- and software, configuration, peripheral equipment and Internet transferable and may be used exclusively by the Client and its connection as required for the use of the Concapps Services. Employees. The Client and its Employees will seek to ensure the 10.4 The Client ensures that the hardware and software used for the full confidentiality of the Log-in Data with regard to third parties. Concapps Services meet the System Requirements. The Client will The Client uses the Log-in Data exclusively for its own risk and take all necessary measures to protect its equipment, software and account. The Supplier accepts no liability in that respect. telecommunication/Internet connections against viruses, computer crime and unauthorised use by third parties. 6. Availability
10.5 The Client will provide the Supplier with all information and 6.1 The Supplier strives to ensure optimal availability of and access to cooperation, including correct and up-to-date name and address particulars, as required by the Supplier for the maintenance of the 6.2 The Supplier is entitled without prior notification to (temporarily) block or limit access to the Web Application and the Website 10.6 The Client will in using the Concapps Services cause no nuisance insofar as such is necessary for (preventive) maintenance or to or damage whatsoever to (customers of) the Supplier, such to be make changes or improvements to one or more Concapps determined at the discretion of the Supplier. Services, without such giving the Client any right to demand 10.7 The Client is not permitted to use the Concapps Services contrary compensation from the Supplier. The Supplier will strive to limit the effects thereof to a minimum and inform the Client in advance 10.8 The Client is responsible for the content and correctness of the data that it places with the Supplier via the Web Application. 6.3 The Client acknowledges and accepts that the App, Web Application and the Website can never be perfect or 100% free 11 Support
of errors and that not all Errors will or can be corrected. 11.1 The Client is entitled to support during the term of the Concapps Right of use to the Web Application and the App
11.2 Support comprises the right to consult Documentation. 7.1 The Supplier hereby grants the Client a non-exclusive and Questions can be submitted 24 hours a day via the Website. non-transferable right to use the App and Web Application for its Support concerns the functionality of the Concapps Services intended purpose during the term of the Concapps Agreement, which use will be limited exclusively to the business operations of the Client. The right of use also entails the rights to use the a. services regarding system configurations, hardware and Documentation accompanying the App and Web Application. 7.2 The right of use commences at the time of conclusion of the b. structural work such as the entry of content items and lesson 7.3 The Client will exclusively use the App, Web Application and the Website in accordance with the provisions of these Concapps d. expanding the functionality of the Web Application or App at the Conditions and any other user instructions (to be) given by the 7.4 Without prejudice to the remaining provisions of these Concapps f. services regarding external databases of producers other than Conditions, the Client may not permit use of the App, Web Application or the Website by any other legal entity or person g. installation, configuration, training or other services not explicitly 7.5 The Supplier is entitled to make any modifications that it deems h. support for (operating) software of producers other than the appropriate to the App or the Web Application. The Supplier will provide the Client with timely notification of the processing of updates and/or upgrades insofar as relevant to the use of the Web Application, such to be determined at the discretion of the Supplier.
k. support in an environment that according to the System 11.4 Support may be requested exclusively by a Client. 8.1 The data entered by the Client via the Web Application is stored in 11.5 Before contacting the Supplier with a request for support, the a database managed by a third party engaged by the Supplier. Client will first consult the applicable Documentation and/or submit 8.2 The Client at all times retains ownership of the data that it has 11.6 The Supplier is entitled as required for the provision of support to 8.3 Following termination of the agreement, the data entered by the consult the data of the Client, as referred to in Article 8. Supplier via the Web Application is saved for a maximum of 60 11.7 If the Supplier, on the instructions of the Client, performs work as days. The Supplier is entitled after this period to permanently referred to in Paragraph 3 items a through k of this article, the remove the data without prior notification to the Client. No copy Supplier is entitled to charge the Client the costs thereof at its of the data can thus be provided after this date. Obligations of the Supplier
12. Price and payment
9.1 The Supplier will make regular backups, with a maximum of once 12.1 All prices and other rates applied by Supplier are quoted exclusive every 4 hours, of the data entered by the Client via the Web of VAT and any other government levies that are at the expense of Application. The backups are made solely for internal security considerations at the Supplier to ensure recovery in case of 12.2 The Supplier reserves the right to change its prices and other disasters such as a power cut or fire. These backups are not rates. Timely notice of price changes will be made via the Website or in another manner. The Client accepts all price changes that 9.2 The Supplier will protect the data made available by the Client do not exceed the CBS Consumer price index figure (series: all via the Web Application as best as possible against loss, theft, households 2005 = 100). In case of price changes that exceed the unauthorised access and change by non-Users. aforementioned price index figure, the Client may, in deviation of the provisions of Article 3.8, terminate the Concapps Agreement in 10. Obligations of and cooperation by the Client
writing or via the Web Application effective on the first day of the 10.1 The Client will comply with all obligations under the Concapps month following the notice of price change. 12.3 If the Client does not terminate the Concapps Agreement within 10.2 If the Client fails to fulfil its obligations under this Concapps one month of the notice of price change, the Client is deemed to Conditions, the Supplier is entitled, without prior notification, to block or limit access to the Web Application and/or App by the 12.4 Payment will take place against invoices sent by Supplier, unless another payment method is agreed or an authorisation for direct debit is granted. 12.5 The Client will pay the amounts due within 30 days of the invoice 14. Force majeure
date, unless another term has been agreed.
14.1 Force majeure is understood as any failure that cannot be 12.6 Payment will take place exclusively by means of direct debit, for attributed to the Supplier as it bears no fault or risk for such failure which the Client will grant an authorisation, unless explicitly agreed pursuant to law, legal act or custom. Force majeure includes otherwise. Collection will take place monthly unless explicitly but is not exclusively limited to: military action, government agreed otherwise in writing. The Client owes payment irrespective intervention, weather conditions, fallout or interruptions in of whether or not it uses the services of the Web Application.
telecommunication and Internet connections, delay or default in 12.7 If the Client without good reason withdraws its authorisation for the fulfilment of obligations by suppliers of the Supplier, transport direct debit as referred to in Paragraph 4 of this article, or if the direct debit cannot be carried out for any other reason not 14.2 The Supplier is entitled in case of force majeure to suspend attributable to the Supplier, the Supplier is entitled without further the performance of the Agreement for the duration of the force notification to immediately limit the functionality of the Web majeure. The Supplier will inform the Client hereof by email and, if Application. The Supplier will if the direct debit cannot be carried possible, indicate a new delivery date.
out successfully inform the Client thereof together with the request 14.3 If the Supplier has on the commencement of force majeure already to transfer the amount due. If (timely) payment is not made, the fulfilled part of its obligations, or it can as a result of the force Supplier is entitled without further notification to immediately block majeure only fulfil part of its obligations, it is entitled to separately access to the Web Application. The Client will continue to owe invoice the delivered part of the performance, whereby the Client is the Supplier the agreed amount during the period that access to obliged to settle this invoice as if it were a separate agreement. the Web Application is blocked and is not entitled to suspend its 14.4 As soon as it becomes clear that the situation of force majeure will last longer than six weeks, the Client is entitled, without being liable 12.8 Access to the Web Application that has been blocked in for compensation, to terminate the Concapps Agreement, without accordance with Paragraph 5 of this article can, at the request prejudice to the provisions of Article 6:68 Dutch Civil Code. of the Client, be reactivated within two (2) months against payment of all outstanding amounts, plus interest due and an 15. Intellectual property rights
15.1 All copyrights, patent rights, trade names, brand names, other 12.9 All payments by the Client will in the first place be settled against intellectual and industrial property rights, as well as all comparable the interest and costs owing. Only thereafter will payment be used information protection rights regarding the App, the Web to settle the oldest outstanding and claimable invoice, even if the Application, the Website and Documentation are the exclusive Client states that the payment relates to a later invoice.
property of the Supplier or its licensor(s). No provision of the 12.10 The Client will never be entitled to set off its payment obligations Concapps Agreement or the Concapps Conditions can be to the Supplier against a claim of the Client on the Supplier, under interpreted as leading to a full or partial transfer or those rights any heading whatsoever, unless the Supplier has given its explicit 15.2 The Client is not permitted to change, remove or make illegible any 12.11 The Supplier is entitled at all times to demand advance payment, reference to the intellectual property rights of the Supplier on or in cash payment, or security for payment from the Client.
the Web Application, the Website or the Documentation. The 12.12 The Client will have a bank account with a bank registered with the Client is not permitted to use or register in any country whatsoever Netherlands Bankers’ Association or, if the Client has its registered any brand or design or any domain name of the Supplier or a office and operations outside the Netherlands, a bank recognised by the relevant authority of that country. 15.3 If in the opinion of the Supplier there is a risk that use by the Client 12.13 The Client will immediately inform the Supplier in writing or via of the App or Web Application must be ceased owing to a third- the Web Application of any change to its address and/or payment party claim that such use infringes upon the (intellectual property) rights of a third party, the Supplier is entitled at its own election: 12.14 All payment dates set by the Supplier are regarded as firm dates. (I) to acquire the rights for the Client to continue to use the App The Client is in case of late payment regarded as being in default and the Web Application in the manner as determined in these without any notice being required. The Client will owe statutory interest from the date on which payment was due. (II) to replace the App and the Web Application or to modify them 12.15 If the Client does not pay (on time), extrajudicial collection costs in such a way that they no longer breach third-party rights, on will also be due. These costs will be calculated using the scale condition that the functionality thereof remains fundamentally in Recommendation II of the ‘Voorwerk II’ report. The Supplier reserves the right to charge the Client for the costs actually (III) if the aforementioned options (I) and (II) are in the exclusive incurred, including any court and legal costs (e.g., attorney fees), opinion of the Supplier not reasonably feasible, to terminate the if these costs exceed the amount determined on the basis of Recommendation II of the ‘Voorwerk II’ report. 15.4 The Client acknowledges and accepts that the full and exclusive liability of the Supplier for the breach of patents, copyrights, brands 13. Delivery
or other intellectual property rights is determined by the provisions 13.1 All periods and (delivery) dates set by the Supplier are recommended and not regarded as firm dates. These periods 15.5 The Supplier is entitled to take and maintain technical measures and dates will be determined in reasonableness and observed to protect the (intellectual property rights to the) App, Web Application, the Website and the Documentation, also taking into 13.2 The Supplier will consult with the Client as soon as it learns of account the agreed limitations in the use of the Web Application or circumstances that may hinder timely delivery. The Supplier is at the Website. The Client is not permitted to circumvent or remove all times entitled to make part deliveries. 13.3 The sole failure to meet a stated or agreed term or date (of delivery) 15.6 The Client recognises and accepts the full and exclusive liability for does not constitute default on the part of the Supplier. all text, data, images, photos and videos as presented by the Client 13.4 The Supplier will determine the manner of digital delivery including via the Web Application in the App, website, or Web Application.
13.5 The Supplier is entitled to suspend the fulfilment of its obligations 16. Liability
to the Client for as long as the Client has not fulfilled its (payment) 16.1 Barring statutory provisions that exclude the limitation of liability obligations pursuant to any current legal relationship with the of the Supplier for losses resulting from intent or gross negligence, the Supplier is exclusively liable for any losses as described in the 13.6 If the Client downloads an App online, the risk passes as soon as the Client commences the downloading of the data file of which 16.2 Without prejudice to the provisions of Article 15, the Supplier accepts no liability to the Client for any claim regarding: (I) the use of the App, the Web Application or the Website in 17. Privacy
combination with data, equipment or software not provided by 17.1 Insofar as the Client uses the App or Web Application to process the Supplier, whereby the App, the Web Application or the Website personal data, the Client is the responsible party in the sense in itself do not constitute any breach or otherwise form the subject of the Personal Data Protection Act (Wet bescherming persoonsgegevens). The Client guarantees the lawful processing (II) the incorrect use of the App, the Web Application or the Website or use in a manner not described in the Documentation; 17.2 The Client indemnifies the Supplier against all third-party claims (III) a change to the App, the Web Application or the Website made regarding the Concapps Agreement between the Supplier and the by a legal entity or person other than the Supplier; or Client and/or data processed by the Client within the framework of (IV) the adherence by the Supplier to the explicit instructions of the the Concapps Agreement brought against the Supplier on grounds of any breach of the Personal Data Protection Act and/or other The Client indemnifies the Supplier against all claims as described applicable legislation, which cannot be attributed to the Supplier. above in items (I) through (IV) of this article.
17.3 The Supplier may outsource parts of the personal data process- 16.3 In case of physical injury, whether or not resulting in death, the ing to a third party with due observance of the provisions of Article liability of the Supplier is in each case limited to an amount of 17.1, whereby the Supplier remains responsible for compliance EUR 50,000 per loss event. In case of property damage, the liability with the Concapps Agreement. The Supplier will ensure that the of the Supplier is in each case limited to EUR 5,000 per loss event. third party respects the confidentiality of the personal data as well In both cases, a series of related events are regarded as a single as the necessary instructions and security measures as stipulated in the Concapps Agreement and these Concapps Conditions.
16.4 The Supplier accepts no liability for indirect losses including but not 17.4 The Supplier is entitled to collect generated or entered data of end limited to: loss of profit, lost savings, loss of goodwill, loss due to users of the App or Web Application, whereby the Supplier and the stagnation in operations, loss resulting from claims by customers of Client will observe compliance with the Personal Data Protection the Client, damage to or loss of data, loss relating to the use by the Supplier of goods, materials or third-party software prescribed by the Client, loss relating to the engagement by the Supplier of 18. Confidentiality
suppliers prescribed by the Client, consequential damage, 18.1 Neither party will disclose Confidential Information of the other irrespective of the nature of the action (breach of contract, tort or party or use such for any other purpose than for which the otherwise), even if the Supplier has been notified of the risk of the 18.2 Both parties will take all reasonable precautionary measures in 16.5 The Supplier accepts no liability for any losses of any nature order to fulfil their duty of confidentiality. The provisions of this whatsoever incurred by the Client owing to the temporary lack of article do not impose any restrictions on the receiving party with proper functionality of the App, the Web Application or the Website. regard to information or data - whether or not identical or 16.6 The Supplier accepts no liability for any losses of any nature comparable to the information contained in the Confidential resulting from the (non-)functionality of software of the Client or Information - if such information or data: third parties, or equipment of the Client, Supplier, Providers or third a. was already rightfully possessed by the receiving party before parties, or of Internet connections of the Client, Supplier, Providers b. has been developed independently by the receiving party 16.7 The Supplier accepts no liability for any losses resulting from the without the use of information or data of the other party; incorrect, incomplete or non-timely sending or receipt of data c. is publicly known or generally accessible by means other than placed via Web Application in the App.
an act or negligence on the part of the receiving party; or 16.8 The Supplier accepts no liability for damaged or corrupted data of d. has been provided by a third party to the receiving party, without the Client and has no data recovery obligation.
involving any breach of confidentiality to the other party.
16.9 Insofar as the Supplier has no claim to the exclusion/limitation of 18.3 The duty of confidentiality pursuant to this article does not apply liability as described in this article, its liability is at all times limited insofar as Confidential Information of the other party must be made per case to 50% of the total amounts invoiced to the Client in the public by force of law, a court order or decision by a government six (6) months prior to the loss event, less any crediting by the body, on condition that the party subject to the duty of disclosure Supplier to the Client in that period. Insofar as the Supplier also makes every reasonable effort to limit the scale of the disclosure has no claim to the limitation referred to in Paragraph 7 of this and informs the other party in advance thereof. article, the liability of the Supplier will in any event not exceed 18.4 The parties will impose the duty of confidentiality as described in this article on their Employees and engaged third parties. 16.10 The Client acknowledges and accepts that the fee for the Concapps Services has been established with due consideration 19. Term and end of Agreement
19.1 The Supplier is entitled to terminate the Concapps Agreement with 16.11 The Client Indemnifies the Supplier against all third-party claims immediate effect as soon as the Client informs the Supplier that ensuing from or relating to the Concapps Agreement or the it is unable to fulfil its payment obligations, or when the Supplier Concapps Conditions, unless the Client, with due consideration deduces from circumstances that the Client is no longer able to for the provisions of this article, can invoke these claims against fill its payment obligations, or when the (business of the) Client the Supplier on the assumption that the Client has itself incurred ceases its activities. The Concapps Agreement legally ends with immediate effect on the liquidation of the (business of the) Client, 16.12 The Supplier can only be held liable on grounds of attributable when it petitions for a moratorium, or is declared bankrupt. failure in the performance of an agreement with the Client after the 19.2 The Concapps Agreement can be terminated in writing without Client has provided the Supplier with an immediate and adequate legal intervention if the other party, after being given a detailed notice of default, giving a reasonable term for correction of the written notice, continues during a period of 30 calendar days to failure, and the Supplier also after that term continues to default default in the fulfilment of its obligations under the Concapps in the performance of its obligations. The notice of default must provide a complete and detailed description of the default, so 19.3 The Supplier is under no circumstances held to pay any that the Supplier is given an opportunity to provide an adequate compensation owing to termination as described in Paragraphs 16.13 Any right to damages will in any event lapse if the Client has failed 19.4 On termination of the Concapps Agreement, for any reason to take measures to (I) limit the loss immediately after it has arisen; whatsoever, the Client will immediately and permanently cease (II) prevent the occurrence of (other or additional) loss; or (III) if the its use of the Web Application and remove it from its computer Client fails to inform the Supplier as soon as is reasonably possible systems, telephones and/or tablets. The Client will after of the loss, accompanied by all relevant information. termination of the Concapps Agreement have no further access to 16.14 Any claim to damages against the Supplier will be time barred after the Web Application and its data. The Supplier will on termination of the Concapps Agreement, for any reason whatsoever, not make any repayments to the Client. 19.5 The term of the Concapps Agreement is not affected by the placement of supplementary orders by the Client during the Concapps Agreement, unless the parties agree to such in writing. 20. Exclusion
20.1 Except as explicitly stipulated in the Concapps Agreement,
the Supplier gives no other or further guarantees, commitments or conditions regarding the Concapps Services, and the Supplier hereby rejects all other guarantees, commitments or conditions, that are applicable explicitly, implicitly or by law (including but not limited to guarantees or conditions regarding saleability, which do not infringe upon any other rights or suitability for a certain purpose) to the Concapps Services.
21. Other provisions
21.1 The Supplier can transfer or assign its rights and obligations
under the Concapps Conditions or the Concapps Agreement to a subsidiary or a third party engaged for that purpose. These Concapps Conditions will in case of transfer or assignment also be applicable to the Client. 21.2 The Client is not entitled to transfer the rights and obligations under the Concapps Agreement to a third party without the prior written permission of the Supplier.
21.3 Every notification or other message regarding the Concapps Agreement or the Concapps Conditions must be made via the Web Application, the Website or in writing to the address of the other party as stated in the Concapps Agreement. 21.4 If any provision of the Concapps Agreement or of these Concapps Conditions is fully or partly invalid, voidable or contrary to the law, such provision will be deemed non-applicable. The parties will in that case consult with one another on replacing the relevant provision with a provision of comparable intent that is not fully or partly invalid, voidable or contrary to the law. The other provisions of the Concapps Agreement or these Concapps Conditions remain effective in full. 21.5 Any delay or failure on the part of the Supplier to exercise any of its rights towards the Client on grounds of the Concapps Agreement or the Concapps Conditions does not entail any waiver of such right. If a party waives any of its rights on grounds of the Concapps Agreement or Concapps Conditions, such does not entitle the other party to demand the renunciation of this or any other right in the future. 21.6 The Concapps Agreement and the Concapps Conditions offer a full reflection of that which has been agreed by the parties with regard to the Concapps Services and replace all earlier and concurrent, explicit or implicit, agreements, statements and guarantees, whether in writing or verbally. 21.7 Without prejudice to the provisions of Article 2.3 and Article 6.3, changes to the Concapps Agreement can exclusively be made by a written agreement signed both by the Client and the Supplier. 21.8 The applicability of all or part of any purchasing or other general conditions of the Client is hereby explicitly excluded, unless explicitly accepted by the Supplier. 21.9 All communications between the Supplier and the Client can take place electronically, except as stipulated otherwise in the General Conditions and/or the Agreement and/or the law. 21.10 The version or the relevant communication stored by the Supplier is regarded as determinative, barring evidence to the contrary by the Client. 21.11 Electronic communication is deemed to be received on the day of sending, barring evidence to the contrary by the recipient. If the communication is not received due to delivery and/or accessibility problems relating to the email box of the Client, such will be for the Client’s risk, also if the email box is accommodated with a third party.
21.12 The Client confirms that the Supplier has no obligation to monitor the content of the Client. The Client thus has exclusive liability for the content published on the App of the Client. 22. Applicable law and disputes
22.1 The Concapps Conditions and the Concapps Agreement are
governed exclusively by Dutch law. Applicability of the Vienna Sales Convention is explicitly excluded.
22.2 All disputes or claims ensuing from or relating to these Concapps Conditions or the Concapps Agreement, or the non-performance, termination or invalidity thereof, will be submitted to the competent court in Rotterdam.

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