Terms

Terms of Use

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These Terms of Use will apply to any use of the Service. If you tick the tickbox “Yes, hereby I agree with the Terms of Use” upon your registration for the Service and if you make any use of the Service, you agree to be bound by these Terms of Service. By accepting these Terms of Use, you agree upon a valid and binding Agreement with PrioTime. Please read these Terms of Use carefully so that you know what your rights and obligations are when using the Service.

 

Article 1               Definitions

1.1          In these Terms of Use the following terms, capitalized, and whether used in the single or the plural, will have the following meaning:
a. Account
the account, being an online Environment within the Service, made available to the User by PrioTime upon registration for the Service. The Account can be used by the User to manage and configure its settings, its Personal Data, and is necessary to have access to and to make use of the Service;
b. Agreement
the agreement between PrioTime and the User for access to and use of the Service;
c. App
the “PrioTime” app for mobile devices, as described on the Website;
d. Credentials
the User’s username and password that are required to register for an Account and to have access to and make use of the Service;
e. Intellectual Property Rights
any intellectual property rights, including but not limited to copyrights, database rights, model rights, neighboring rights, patents, trademark rights, trade name rights, as well as rights to know-how;
f. Notice
the notice that can be sent to » info@priotime.com » which can be used to report infringing User Generated Content to PrioTime;
g. Personal Data
any data that directly or indirectly related to a natural person, thus including Users;
h. Privacy Statement
PrioTime’s privacy statement, available at » http://www.priotime.com/privacy »
i. PrioTime
the private company with limited liability PrioTime BV, having its registered office in (1098 CW) Amsterdam at the Linnaeusparkweg 141-1;
j. Service
the service provided by PrioTime, including but not limited to the access to and the use of the App and Website by means of the Account, for the purpose of prioritizing purposes in your life, making purchases from third parties, and sharing User Generated Content with others;
k. Terms of Use
these Terms of Use, available for download and print at » http://www.priotime.com/terms »;
l. Traffic
the total amount of data, including User Generated Content, generated with the User’s Account, thus the incoming data cumulated with the outgoing data;
m. User
you, the natural person that registered for an Account for the access to and the use of the Service;
n. User Generated Content
any content provided by the User by means of the Service;
o. Website
the PrioTime website, available at » www.PrioTime.com » and any underlying pages thereof, owned by PrioTime.

 

Article 2               Scope

2.1       The Terms of Use apply to the Agreement and all use of and access to the Service by Users.

2.2       PrioTime may amend these Terms of Use at any time. The User will be individually notified of any amendments by email and/or upon logging in to the Service. The new version of the Terms of Use will be available for viewing and downloading at the Website and/or in the App. If the User continues to use the Service after the Terms of Use have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented Terms of Use. If the User does not agree with the amended or supplemented Terms of Use, the User’s exclusive remedy is to no longer use the Service and to terminate its Account.

2.3       If any provision in these Terms of Use shall be held to be (partly) void or unenforceable, the other provisions of these Terms of Use will remain in full force and effect. In such a case, PrioTime will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.

 

Article 3               Service

3.1       PrioTime hereby grants the User a non-exclusive, non-transferable, limited right to access and use the Service solely for personal and non-commercial purposes, under the conditions of these Terms of Use and for the duration of the Agreement.

3.2       The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The risk of loss, theft or damage to any of its data will at all times be borne by the User.

3.3       The Service may contain information that is derived from and/or may refer to third parties’ websites, products or services (for instance via hyperlinks, banners or buttons), such as the advertisements for products and/or services of third parties available for purchase through the Service, and the possibility to tweet/like/share content through social media networks such as Twitter and Facebook. Third party terms or conditions may apply to these websites, products and services. PrioTime has no control over the information and content of these third parties’ websites, products and services. PrioTime does not accept any responsibility and/or liability for information, content, the content of the terms and conditions and/or the use of these third parties’ websites, products and services.

 

Article 4               Account

4.1       In order to be able to make use of and to have access to the Service, the User has to create an Account in the way as described on the Website and/or App. The User may only register an Account if he is a natural person and only on his own behalf. Upon creating its Account, the User will be obliged to create its own Credentials in the way as described on the Website and/or App. The User is responsible for keeping its Credentials confidential. The User is responsible and liable for all use made of and access to the Service by means of its Account. As soon as the User knows or has reason to assume that its Account has come into the hands of unauthorized persons, the User must inform PrioTime of this, notwithstanding its own obligations to take immediate effective measures himself, such as changing the password of its Account.

4.2       The User must be at least sixteen (16) years old in order to make use of and to access the Service. If the User is not sixteen (16) years old yet, the User requires its parent’s or guardian’s permission to create and Account and to make use of and get access to the Service. By accepting these Terms of Use, the User warrants that it is at least sixteen (16) years old or has the permission from its parent or guardian to create an Account and to make use of and get access to the Service.

4.3       PrioTime accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or third parties, notwithstanding article 12.

 

Article 5               User Generated Content

5.1       The User acknowledges and agrees that PrioTime does not pre-screen User Generated Content and that PrioTime has no influence over the User Generated Content.

5.2       PrioTime will have the right (but not the obligation), at its sole discretion, to review, edit, limit, refuse or remove User Generated Content and/or to limit and/or refuse a User access to and/or use of the Service, more specifically in the event the User Generated Content, according to PrioTime, violates these Terms of Use, and/or that it deems to be otherwise objectionable.

5.3       PrioTime may disclose your Personal Data and/or User Generated Content  to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in the Netherlands, or to exercise its legal rights of defense against legal claims.

5.4       Notwithstanding any other provisions of these Terms of Use, and any of  your legal obligations, the use of the Service may not:

a. include software such as viruses or Trojans that can damage or erase computers or data of PrioTime, Users of third parties, or that can make it unavailable or inaccessible;

b. bypass technical security measures of the computer systems of PrioTime or third parties;

c. involve unreasonable or disproportionate use of the infrastructure of PrioTime’s or third parties’ computer systems, including but not limited to any violation of the Fair Use Policy,

d. impede the functionality or functionalities of the Service;

e. involve manual or automated software, devices, or other processes to “crawl”, “spider” or scrape any content of the Service;

f. constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;

g. infringe any of PrioTime’s or third party’s Intellectual Property Rights, privacy rights or any other rights;

h. involve (virtual) (child) pornography or other erotic content;

i. promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;

j. involve any illegal activities or activities that are contrary to morality or public order;

k. involve false or misleading information;

l. involve unlawful use such as harassment or stalking of other Users;

m. involve otherwise inappropriate use;

n. breach these Terms of Use; and/or

o. be unlawful in any way whatsoever;

5.5       PrioTime is not liable and/or responsible for the User Generated Content and/or any use made of the Service by Users, notwithstanding article 12.

 

Article 6               Prices and payment

6.1       Third parties may offer products or services by means of the Service. PrioTime does not offer these products or services itself. PrioTime is not liable and/or responsible for such offers, notwithstanding article 12. The third party offer may contain a description, pictures, photographs, and/or other graphical displays. PrioTime shall request the third party in question to provide a description as accurate as possible, but the description shall not be binding for PrioTime or the third party in question.

6.2       In providing the third party products or services, PrioTime merely acts as an intermediary between the User and the third party. The User accepts and agrees that PrioTime is not involved in the purchasing/selling of the products and services and that it does not accept any liability in this regard, notwithstanding article 12.

6.3       Prices for third party products or services offered by means of the Service are quoted on the Website and/or in the App. Prices are in in the valuta as stated on the Website and/or in the App and are inclusive of VAT.

6.4       PrioTime offers various means of making payments through third parties for the purchase of third party products or services by means of the Service. In order to purchase the third party products or services, the user is required to pay by one of the means for making the payment. The User guarantees that the information provided when making the purchase, including its payment details, will be complete, correct, truthful and up to date.

6.5       The User has the obligation to inform PrioTime and the third party in question immediately about any inaccuracies in the offer provided or the payment details described, including the price. The User cannot hold PrioTime or the third party to any offer and/or price if the User should in all reasonableness have known that this offer and/or the price are/is an obvious mistake or obvious error in writing.

6.6       PrioTime and the third party offering its products or services by means of the Service are entitled to adjust their prices at all times.

6.7       Amounts paid to PrioTime are not refundable and are not transferable to another Account.

 

Article 7               Intellectual Property Rights

7.1       PrioTime and/or its licensors reserve all rights not expressly granted to the User in these Terms of Use. The User acknowledges and agrees that – except as specifically set forth in these Terms of Use – PrioTime and its licensors retain all rights, title and interest, including the Intellectual Property Rights, in and to the Service as well as to any modifications, adaptations or translations thereof. The User acknowledges and agrees that it does not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms of Use, such as in article 3.1.

7.2       The User is not permitted to sell, rent out, transfer or grant restrictive rights to the Service, or to make it available to third parties in any way or for any purpose. The User will also refrain from granting third parties access – remotely or otherwise – to the Service or to provide the Service to a third party.

7.3       In principle, the User retains all Intellectual Property Rights, if any, that vest in him with regard to any User Generated Content. PrioTime will not make available or make public your User Generated Content in relation to the User. However, in order to enable PrioTime to provide the Service, it is necessary that the User agrees and acknowledges that by posting any User Generated Content by means of the Service he automatically grants PrioTime a royalty-free, unencumbered, world-wide, non-exclusive right to use the User Generated Content in connection with the Service and to use the User Generated Content on the Website or App, which license User hereby provides to PrioTime.

7.4       The User agrees and acknowledges that the User Generated Content he posts by means of the Service may be used by other Users. PrioTime cannot guarantee that other Users will use the User Generated Content in accordance with these Terms of Use and/or applicable legislation. PrioTime is not responsible for the submissions or actions of other Users and therefore accepts no liability for any actions of other Users which are in violation of these Terms of Use, the applicable legislation and/or which are otherwise unlawful, notwithstanding article 12.

7.5       The collection of data by means of the Service is to be regarded as a database within the sense of Directive 96/6/EC on the legal protection of databases and the Dutch Databases Act (“Databankenwet”). PrioTime and/or its licensors are the producer(s) of this database and in that capacity has/have the exclusive right to grant consent for the use of data from this database. The User may only use data from the database insofar as use is allowed pursuant to these Terms of Use. The User is not allowed, without the prior written consent of PrioTime and/or its licensors, to retrieve and re-use a substantial part of the data of the database and/or retrieve and repeatedly and systematically re-use non-substantial parts of the data of the database within the sense of the Directive 96/6/EC and the Dutch Databases Act.

 

Article 8               Privacy

8.1       During the use of the Service, the User provides Personal Data to PrioTime. These Personal Data will be saved and processed in accordance with the Privacy Statement (available at » http://www.priotime.com/privacy », and the Dutch Personal Data Protection Act (“Wet bescherming persoonsgegevens”).

 

Article 9               Warranties

9.1       PrioTime does not warrant that the Service will be error free, complete or up-to-date at all times.

9.2       The User agrees that the Service only provides the functionality and other features as found in the Service at the time of use (“as is”). PrioTime does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the internet or phone connection or as a result of viruses and/or faults/defects. PrioTime is not liable towards the User for any damage, loss or costs resulting or arising from the Service being (temporarily) unavailable, including but not limited to the loss of data or inability to access or use the Service, notwithstanding article 12.

9.3       PrioTime is entitled to change and/or update the Service and replace the design and lay-out of any of the functionalities of the Service without any prior notification and without being obliged to pay any compensation whatsoever to the Users.

9.4       PrioTime is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of PrioTime this is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure (“overmacht”). Force majeure includes – but is not limited to – site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to PrioTime of parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions.

9.5       PrioTime does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services – including but not limited to the terms and conditions of the App platform providers, such as Apple and Google, or payment providers – allow the use of and/or interaction with the Service.

9.6       The User is responsible and liable for all use it makes of the Service, including but not limited to its use of his Account and the results of the Service, notwithstanding article 12. The User indemnifies and holds PrioTime harmless against any and all claims by third parties in connection with or resulting from the use that the User makes of the Service, a violation by the User of these Terms of Use, and/or any unlawful activities.

 

Article 10            Fair use policy

10.1        The right to use the Service, as described in these Terms of Use, is limited to the use of the free amount of Traffic per month as stated on the Website and/or in the App. The User is allowed to purchase the right to use more Traffic per month, as stated on the Website and/or in the App.

10.2        PrioTime may limit the free amount of Traffic, as meant in the previous paragraph, at any time, without being obliged to give any reason or prior notification to User and without becoming liable whatsoever, notwithstanding article 12.

10.3        By exceeding the maximum allowed/purchased amount of Traffic, as stated in the previous paragraphs, PrioTime is authorized to offer the User an additional (paid) amount of Traffic per month and/or to suspend or terminate the User’s Account, Traffic and/or use of the Service.

10.4        If PrioTime has not set a maximum amount of Traffic per month, the User is only allowed to make ‘fair use’ of the Service, meaning that the User will not use more than 15MB storage for User Generated Data. In the event the User exceeds that amount, then PrioTime will warn the User. In the event the User exceeds  that amount again, PrioTime is allowed to suspend or terminate the User’s Account, Traffic and/or use of the Service.

10.5        PrioTime is not liable for the consequences of reaching a limit for Traffic, for instance data which cannot be send, received, stored or modified any longer, notwithstanding article 12.

 

Article 11            Notice and take down

11.1    In order to stop breaches of any third parties’ rights as soon as possible, PrioTime has developed a procedure for reporting allegedly infringing or unlawful User Generated Content. Users and third parties can send a Notice which should contain the information as stated on the website » http://www.priotime.com/about »

11.2    PrioTime will study the Notice. Based on the information in the Notice and/or any other information, PrioTime can, at its sole discretion, decide to take the measures it deems appropriate, including but not limited to:

a. issuing a warning to the responsible User;

b. deactivating the responsible User’s Account;

c. deleting the responsible User’s Account; and/or

d. deleting the User Generated Content.

11.3    PrioTime reserves the right to forward the Notice to the User responsible for the allegedly infringing or unlawful User Generated Content.

11.4    PrioTime reserves the right not to meet the requests made in the Notice, for instance if it has reasonable grounds to doubt the accuracy of the Notice, the validity of the evidence provided or if a balancing of interests requires PrioTime to do so. In this context, PrioTime may require – for instance – the advice of a legal consultant and/or a judicial decision of a competent court in the Netherlands, which legal consult deems respectively judicial decision demonstrates that the material or the activity is manifestly unlawful.

11.5    PrioTime will in no event be a party to a dispute between the User and the party that submitted the Notice, unless PrioTime, at its sole discretion, decides otherwise.

11.6    By issuing a Notice, the User or third party will indemnify and hold PrioTime harmless against any third party actions or claims related to the taken measures, such as those as described in article 11.2. The indemnification includes all costs and damages PrioTime may suffer and has suffered in connection with such action or claim, including – but not limited to – the costs for legal aid.

11.7    PrioTime respects and protects the privacy of the User and/or third party who submits the Notice. All Personal Data that PrioTime receives with a Notice will always be processed in accordance with article 8.1.

 

Article 12            Liability

12.1    PrioTime’s liability for damages resulting from or relating to attributably failing (“toerekenbare tekortkoming”) to perform the Agreement, including these Terms of Use, for unlawful act (“onrechtmatige daad”) or otherwise will be excluded, to the extent allowed by a mandatory or peremptory rule of law.

12.2    The User’s only remedy in the event of an attributable failure, unlawful acts of PrioTime, or other cause of damages, is to discontinue the use of the Service and/or to delete its Account.

12.3    In the event that PrioTime is liable for damages under a mandatory or peremptory rule of law, the damage will be limited to compensating for direct damages for a maximum amount of EUR 2.50,– per event (a series of connected events being considered as one event). In no event will PrioTime’s total, aggregate liability, exceed EUR 5,-.

12.4    PrioTime’s liability for consequential damages (“vermogensschade”, “gevolgschade”) arising out of, or in connection with the Agreement or these Terms of Use, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill or reputation, or other incidental, indirect, punitive or exemplary damages of any kind, independent of whether the User provides notice to PrioTime of such potential injury, damages or loss, is excluded.

12.5    In any event, the User’s right to claim under the Agreement, these Terms of Use, unlawful act or otherwise shall lapse one (1) year after the occurrence giving rise to the claim or action.

12.6    The limitations mentioned in the preceding paragraphs of this Article 12 shall not apply if and insofar as the damage or injury is the result of intentional acts (“opzet”) or omissions or gross negligence (“bewuste roekeloosheid”) by PrioTime or its managers.

12.7    How to use PrioTime:

A.    We aim to help you to determine your priorities, goals and actions. We are however only offering the tool and we don’t offer any guarantee that your priority setting and plans lead to success or the desired results. In the end you have to determine, decide upon and fulfill your own priorities, goals and actions yourselves!

B.   Any information, tips, suggestions or recommendations provided on the Website, may never be construed as personal advice. Because we do not give personal advice, you are responsible for determining your own priorities, goals and actions, and for aligning them with your personal situation. The display of the choices and suggestions concerning goals and actions made by other users and people are indicative only and are not direct advice. Where you decide to set priorities and goals, and undertake obligations or actions based solely on the information or recommendations on the PrioTime Website/in the PrioTime App, you are responsible for the consequences solely. We, therefore, explicitly state that we are not liable for the (financial) damages resulting from your own decisions.

C.   We shall not be liable for any health related problems (including but not limited to injury, illness, death) caused by workouts or sports activities inspired by or anyhow related to the Service. We strongly urge you to consult a medical doctor, before starting a workout program or sports activity, or if you have any uncertainties whatsoever

 

Article 13            Term and termination

13.1    The User is entitled to terminate the Agreement at any time by discontinuing the use of the Service and/or by terminating the Account.

13.2    The User is not allowed to revoke the Service, as meant in article 7:46d of the Dutch Distance Selling Act (“Wet Koop op Afstand”), since the Service is provided by PrioTime immediately after completion of the registration by the User.

13.3    In addition to the other remedies available to PrioTime, PrioTime is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to the User (notwithstanding article 12), entitled (i) to temporarily or permanently terminate the User’s Account and its use of the Service in the event that PrioTime, at its sole discretion, deems such termination necessary; (ii) to(temporarily) restrict or suspend the User’s activities in connection with the Service and/or (iii) to (partly) edit, delete or refuse any content, including User Generated Content, or services within the Service as described in articles 2.3 and/or 8.2.

13.4    All provisions which are meant to survive the termination of the Agreement, including but not limited to all of the User’s representations, warranties and indemnification obligations, shall survive such termination.

13.5    After termination, the User’s right to access and use the Service shall cease to exist immediately.

 

Article 14            Third Parties

14.1    PrioTime reserves its right to commission third party service providers and their authorized agents, such as payment service providers and App platform providers, to perform any of the services under the Agreement and/or these Terms of Use, either in whole or in part.

14.2    The User is not entitled to transfer its rights and/or obligations under the Agreement or these Terms of Use to a third party.

14.3    PrioTime reserves the right to transfer any part of the Service, including User Generated Content and Personal Data, to a third party in the event of a merger, acquisition, change of control, liquidation, bankruptcy or any other – voluntary or involuntary – situation in which PrioTime ceases to exists or ceases to operate the Service. If reasonably possible, PrioTime shall inform the User of this transfer by means of an email and/or notification upon using the Service, within a reasonable period before such a transfer. If User cannot agree with such a transfer, it should not make use (any longer) of the Service. For more information on how PrioTime processes your Personal Data, see article 8.1

 

Article 15            Contact

15.1    Any and all correspondence and communication between the User and PrioTime may be undertaken in the English language.

15.2    PrioTime can be contacted by means of the contact details available at » http://www.priotime.com/about »

 

Article 16            Applicable law and competent court

16.1    These Terms of Use, the Agreement and the use of and access to the Service are governed by the laws of the Netherlands, unless a mandatory or peremptory rule of (international) law prescribes another applicable law. The applicability of the Vienna Convention on the Sale of Goods is expressly excluded.

16.2    All controversies, disputes or claims arising out of or relating to these Terms of Use, the Agreement and/or the use of or access to the Service will be exclusively and finally settled by the competent civil court in the District of Amsterdam, the Netherlands, unless a mandatory or peremptory rule of (international) law prescribes another competent court.

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