Clause 2 Definitions
App: the mobile application named Recharge360 that TRC makes available to Users to be used on mobile equipment with an Apple or Google operating system, including any updates.
User: the natural person who uses the App.
External Provider: any legal person, including social media (Facebook, Instagram, Twitter, etc.), not being TRC, that processes data at the request of User, for instance to share such data with third parties.
TRC: The Recharge Company B.V., with its registered office at Frederiksstraat 12-1 in (1054 LC) Amsterdam, the Netherlands, registered with the Chamber of Commerce under number 27319781.
Peripheral Equipment: the equipment, including a smartphone or tablet, that is used to make use of the App, including its operating system.
Content: all data (including images and sounds), services, software, files, ideas or other information that can be accessed via the App.
Clause 3 Right of use of App
- To use the App, User must download the App from the Apple App Store, Google Play Store or another digital platform.
- TRC grants User a non-exclusive, non-sublicensable and non-transferable right to use the App for personal, non-commercial use from the moment of registration for the duration of the User Agreement. Any other use requires the prior written consent of TRC.
- User's account is automatically set to 'public'. User can set his/her account to 'anonymous' at any time.
- User is not permitted to make the App available to a third party (including making log-in details available), or to sell, rent out, reverse engineer or modify it without the prior written permission of TRC. User is also not permitted to remove or circumvent or procure the same in respect of any technical facilities that are intended for the protection of the App.
- TRC will make every effort to keep the App functional for the benefit of the User but does not guarantee that the App will always be available and will always work flawlessly in the future.
Clause 4 Application and registration
- To be able to use the App, it must be downloaded. User must then register as a User of the App by following the instructions concerned. The details requested in this process, such as name and email address, are necessary to be able to use the App.
- If User is under 18 years of age, use of the App requires the consent of a parent or legal representative. By using the App, you warrant that you are 18 years of age or older or have the consent of a parent or legal representative.
Clause 5 Costs
User will itself bear the costs of purchasing and using the Peripheral Equipment and connections (mobile and/or wireless internet) that are required to use the App.
Clause 6 Equipment and connections
- The App will only function with the necessary Peripheral Equipment and (internet) connections. To be able to continue using the App, User must itself ensure that he/she has the necessary Peripheral Equipment and connections.
- To prevent abuse and/or malfunctions and other problems, User should ensure that the Peripheral Equipment and connections are sufficiently secured, for example against unauthorised use by third parties and viruses.
- User guarantees TRC that the Peripheral Equipment and connections used do not cause any damage to TRC or third parties and do not harm the rights of TRC and/or third parties.
- TRC will not be liable for any damage or costs arising from his/her Peripheral Equipment or connections including - but not limited to - damage as a result of non-delivery, delay, manipulation or interception of the delivery of electronic messages and/or the functionalities of the App, or if the App otherwise does not function properly, and any damage resulting from the same.
Clause 7 Privacy
When processing personal data, TRC complies with the applicable regulations, including the General Data Protection Regulation. The way in which TRC deals with the personal data of Users is described in the Privacy Statement regarding the Recharge360 app.
Clause 8 Intellectual Property
- The App and the Content, the data, images, sounds, texts and combinations thereof included in it, as well any other software are protected by copyright, database rights and other intellectual property rights. These rights are vested exclusively in TRC or its licensors. Without the prior written permission of TRC, it is not permitted to copy any part/Content of the App or to disclose, commercially exploit or use it in any other way in any processed or unprocessed form.
- If, in TRC's opinion, it is likely that the App infringes any right of a third party, TRC is entitled, at its own discretion, to either make equivalent content available or to cease providing the App with immediate effect. Any further-going liability, obligation to perform and/or obligation to pay damages is excluded.
Clause 9 Liability/Disclaimer**
- TRC does not provide any guarantee regarding the use of the App or its Content and accepts no liability for any damage or injuries of any kind arising from the use of the App or its Content.
- TRC does not guarantee that the App will function at all times and without malfunctions. TRC reserves the right to (temporarily) render the App inoperative in whole or in part in connection with the performance of maintenance work or modification work.
- Despite the constant care and attention paid to the composition of the App, TRC cannot guarantee the completeness or correctness of the Content, or that it is always up-to-date. TRC does not accept liability for any direct or indirect damage, of whatever nature, that arises from or is in any way related to the use of the App/Content, the (un)availability of or errors in the App or the Content as made available, or of software, downloads or other data files, and products and services purchased via the App or by other means.
- TRC is not liable for the availability of (mobile) internet and/or the functioning of the Peripheral Equipment used by the User.
- The above exclusions of TRC's liability also apply to all auxiliary persons and third parties engaged by TRC.
Clause 10 Disclaimer
- Participant is himself/herself responsible for seeking medical advice before participating in the App.
- The information in the App cannot be used as a substitute for medical or other professional care or information and is not intended as an aid to (self) diagnosis. In case of (acute) medical questions, pregnancy, complaints or symptoms, contact your own (general) medical practitioner or other healthcare professional.
Clause 11 Termination of use / modification of functionality**
- If User no longer wishes to use the App, User can remove the App from his/her device by uninstalling it.
- TRC is entitled to delete data, deny further use of the App, terminate the right of use, impose restrictions on the use of the App, and/or block access to the App in whole or in part, temporarily or permanently, without giving any reasons.
- TRC is at all times entitled to modify the Content of the App and/or the rates that apply to the App (including but not limited to charging a fee for downloading the App).
- TRC has at all times the right to modify the functionality offered by the App in order to improve or modify the functionality and to correct errors, as well as to make available and/or implement updates and upgrades at its own discretion.
Clause 12 Apple
- Apple is under no obligation to provide any maintenance and support services in connection with the App.
- Apple will not be responsible or liable for any direct or indirect damage or costs of you or third parties, for any reason whatsoever, as a result of an infringement of intellectual property rights of third parties or a breach of applicable product liability law, consumer law or any other applicable legal provision.
Clause 13 Google
- Google is under no obligation to provide any maintenance and support services in connection with the App.
- Google will not be responsible or liable for any direct or indirect damage or costs incurred by you or third parties, for whatever reason, as a result of the infringement of intellectual property rights of third parties, or a breach of applicable product liability law, consumer law or any other applicable legal provision.
- By accepting these Terms, of Use, User confirms that (i) he/she is not resident in a country which is subject to an embargo issued by the competent authorities of the United States or which has been designated by the competent authorities of the United States as a "terrorist supporting country" and (ii) he/she is not on any list of "prohibited or restricted parties" issued by the competent authorities of the United States.
Clause 14 Applicable law and jurisdiction