Terms of Use

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The most recent version of these User Terms & Conditions is of 24 May 2018.

1. Definitions

The following terms in these User Terms & Conditions are defined as follows:

“User”: the natural person or legal entity using the RailApp;

“SPL-it B.V.”: the limited liability company SPL-it B.V., established and with offices at Rotterdam, registered with the company register of the Chamber of Commerce under file number 62675281;

“RailApp”: SPL-it B.V.’s application matching supply and demand of expert railway staff;

“privacy statement”: the most recent version of RailApp’s privacy statement;

“Website”: SPL-it B.V.’s website (www.railapp.nl);

2. Applicability

Prior to the use of the RailApp, the User must agree to these User Terms & Conditions. By accepting these User Terms & Conditions and RailApp’s privacy statement, the User obtains a right of use (license) on RailApp. The User Terms & Conditions and the privacy statement apply to all legal relationships between SPL-it B.V. and a User. Any deviations from these User Terms & Conditions are only valid if agreed in writing. These User Terms & Conditions and the privacy statement may be modified by SPL-it B.V. with a notification to the User via the web version and/or RailApp’s mobile app.

3. Logging into and using the RailApp

The User can use the RailApp as follows: by logging in through www.railapp.nl/INLOGGEN or directly via login.railapp.nl, the User gets access to the web version of the application and/or downloads the RailApp app (mobile application) in the Google Play Store or the Apple App Store and opens it. Subsequently, the User can use the log-in data provided by RailApp to the User in order to log in, with the User’s role indicated beforehand. The login details are provided after the User and/or his employer and/or his client have made a request to RailApp for this purpose. During login, the User completes his registration by accepting the Terms of User and the privacy statement. The Dutch version of these Terms of User are now applicable and can be viewed and saved.

4. Content & use of the RailApp

The User accepts that the use of the RailApp is at his own risk. SPL-it B.V. does not provide any guarantee about the results that can be obtained from the use of RailApp, or the accuracy, reliability, correctness or content of any information or service offered or made available through the RailApp. SPL-it B.V. does not guarantee full availability or safety, and has the right to (temporarily) cease the service for maintenance purposes.

5. Intellectual property rights

All intellectual property rights with respect to the RailApp, copyrights, image and word rights and so on, as well as the underlying principles, ideas and designs are vested in SPL-it B.V. or its licensors. The ownership of the information (content) entered by (other) Users (supply and demand parties) of services, or documents and information submitted by Users, is vested in the respective Users and through the input of your information in the RailApp, the User agrees that this information may be shared with other Users, in accordance with the conditions stated in the privacy statement. RailApp has the right to use the data for the purposes as described in the privacy statement.

6. Liability

SPL-it B.V. cannot guarantee that the RailApp itself or that the connection with the (telecommunications) network is at all times established or that features are fully operational. SPL-it B.V. is only responsible for the technical functioning of the RailApp. SPL-it B.V. only mediates in bringing Users together, both the supply and demand sides of staff and services of staff and self-employed persons in the rail sector. SPL-it B.V. is not liable for any abuse of the RailApp by (other) Users, such as by assuming another identity and similar abuse. SPL-it B.V. is furthermore not liable for anything that is discussed or information shared between Users. Users use the RailApp completely at their own expense and risk. SPL-it B.V. has an obligation to perform to make sure that the RailApp works without technical faults. Maintenance work, development of the RailApp or Website or the (telecommunication) infrastructure may limit the use options and/or interrupt them temporarily, while loss of data may occur as well. SPL-it B.V. cannot guarantee the availability of the RailApp or the absence of technical failures or data loss. SPL-it B.V. bears no liability for the correctness, completeness, quality and topicality of the information and/or data that can be found and/or are presented within RailApp. Any liability of SPL-it B.V. for loss for the User caused by information derived from and/or by other data presented within RailApp is therefore excluded. The User indemnifies SPL-it B.V. hereby against any loss and claims of third parties that are in any way related to or ensue from the use of the RailApp by the User.

7. Third-party liability

RailApp uses the features and facilities of third parties. Where any references or hyperlinks are mentioned in RailApp to third-party sites, then SPL-it B.V. shall in no way be responsible and/or liable for the content of such site(s).

8. Privacy

SPL-it B.V. collects personal data from a User when the relevant User has passed on his personal data, directly and/or indirectly through his employer and/or client, via the RailApp to SPL-it B.V. and is therefore together with the provider of the respective information the joint controller within the meaning of the General Data Protection Regulation (GDPR). Through the acceptance of these User Terms & Conditions, User agrees to the processing of his personal data by SPL-it B.V. SPL-it B.V. uses this personal data exclusively for the purposes described in its privacy statement.

9. Other provisions

Should any individual provisions of these User Terms & Conditions and/or the agreement concluded with the User be wholly or partially invalid, this will not affect the legal validity of the remainder of the documents. These User Terms & Conditions are governed by Dutch law. Any disputes arising from or in relation to these User Terms & Conditions shall exclusively be submitted to the competent court in Rotterdam.