GENERAL TERMS GOCIETY SOLUTIONS
1. DEFINITIONS
In these General Terms, the following capitalized definitions have the following meanings:
Gociety Solutions: The user of these General Terms: private limited liability company Gociety Solutions, located in Leende, registered in the Chamber of Commerce’s commercial register under CoC number 56579659, contactable at info@gocietysolutions.com, and identifiable through V.A.T identification number NL852196416b01
1.1. Customer: the natural person with whom Gociety Solutions has or wishes to enter(ed) into an Agreement with.
1.2. Services: use of the applications, including web functions, as offered by Gociety Solutions, in combination with the GoLiveClip. Including:
a) Use of the GoLivePhone application through which Gociety Solutions, in combination with the GoLiveClip, offers activity measurement, fall prevention and fall detection services;
b) Use of the alarm function, which ensures that (previously selected) contacts receive an alarm notification whenever the GoLiveClip alarm button is used;
c) Use of the GoLiveAssist application, in order to gain insight into the information collected by the GoLivePhone application in collaboration with the GoLiveClip.
1.3. Product: the GoLiveClip.
1.4. Party: Gociety Solutions and the Customer(s), together referred to as the Parties, who have entered into an Agreement.
1.5. General terms: the present general terms of Gociety Solutions BV.
1.6. Purchase agreement: the electronic agreement through which Gociety Solutions commits itself to providing the Customer with the GoLiveClip, in exchange for the one-time payment of the purchase price as specified in the Purchase agreement.
1.7. Service agreement: the electronic agreement through which Gociety Solutions commits itself to providing the Customer with the Services linked to use of the GoLiveClip, in exchange for a monthly compensation as specified in the Service agreement.
1.8. License agreement: the agreement through which Gociety Solutions allows the Customer to use Gociety Solution’s intellectual property right in relation to the GoLivePhone and GoLiveAssist applications, as specified in the License agreement and under the conditions set out in the License agreement.
1.9. Privacy policy: the policy through which Gociety Solutions commits itself to processing the Customer’s personal information only under the conditions specified in the Privacy policy. The Privacy policy is part of the License agreement.
1.10. Agreement: any of the agreements between the Customer and Gociety Solutions as defined above, namely the Purchase agreement, Service agreement or License agreement including the Privacy policy, together referred to as the Agreements, which are established remotely, as part of an organised system for the remote sale of products, digital content and/or services, and within which, up to the point at which the Parties enter into the Agreement(s), all communication happens through one or more technologies for remote communication.
2. APPLICABILITY
2.1. These General Terms are applicable to every offer made by Gociety Solutions and every remotely established Agreement between Gociety Solutions and the Customer.
2.2. Before the Agreement is remotely established, the contents of these General Terms will be made electronically accessible to the Customer in such a way that the Customer will be able to easily save the text on a durable data carrier. If this is not reasonably possible, Gociety Solutions will indicate where the General Terms can be found electronically and, upon request, send the General Terms to the Customer, either electronically or otherwise, free of charge.
3. OFFERS AND ESTABLISHMENT OF AGREEMENT
3.1. Offers made by Gociety Solutions are non-binding, unless explicitly stated otherwise.
3.2. Gociety Solutions bases these offers on the information provided by or on behalf of the Customer. The Customer cannot derive rights from an offer which was based on the incorrect or incomplete information provided by or on behalf of the Customer. All information relating to expected results and achievements are indicative and non-binding.
3.3. The Purchase agreement is established when the Customer orders the Product in the Gociety Solutions webshop, or purchases it through another form of sale on behalf of Gociety Solutions.
3.4. The Service agreement is established as soon as the Service agreement is accepted on the online Gociety Solutions page at which the Customer signs up to using the Service. The web address of this page is provided in the leaflet supplied along with the Product.
3.5. The License agreement is established as soon as the Customer selects the ‘I agree’ button, after downloading the GoLivePhone and GoLiveAssist applications, and before using these applications. It can also be found on the Gociety Solutions website.
3.6. The Privacy policy is established by ticking a box, after downloading the GoLivePhone and GoLiveAssist applications, and before using these applications. It can also be found on the Gociety Solutions website.
4. PRICE AND PAYMENT
4.1. Gociety Solutions has the right to raise the prices of the offered Product and Services in accordance with inflation as published by the CBS.
4.2. Customer will pay Gociety Solutions the purchase price, as specified in the Purchase agreement, only once.
4.3. Once the Purchase agreement has been established, the Customer can use the Service free of charge for (1) one month. After this trial of (1) one month, and upon entering the Service agreement, the Customer will pay the agreed upon compensation for using the Services linked to the GoLiveClip, every month.
4.4. Insofar as nothing else has been agreed upon, the compensation for the Service, as specified in the Service agreement, will be collected via direct debit.
4.5. Other payments owed to Gociety Solutions by the Customer, including the Product’s purchase price, need to be paid within a maximum of (30) thirty days.
4.6. On payments that have not been paid in time, the Customer will pay the legal interest for commercial transactions, which can be found on the De Nederlandse Bank website, www.dnb.nl.
4.7. The customer agrees to compensate the collection fees (including the cost of legal aid) reasonably made by Gociety Solutions.
5. EXECUTION OF SERVICES
5.1. Gociety Solutions provides the Customer with the possibility of downloading the GoLivePhone and GoLiveAssist applications needed for using the Services. in the Google Play Store and Apple App Store. The GoLivePhone application can only be downloaded in the Google Play Store.
5.2. Gociety Solutions will take appropriate technical and organizational measures for the securement of the electronic transfer of data, and ensures a safe web environment. Gociety Solutions takes appropriate measures for the securement of electronic payments made by the Customer to Gociety Solutions.
5.3. Gociety Solutions will process all personal information provided by the Customer in accordance with valid (inter)national laws relating to the protection of personal information, and in accordance with the Gociety Solutions Privacy policy.
5.4. Gociety Solutions will impose her obligations under articles 5.2 and 5.3 on third parties involved in the execution of its services.
6. CANCELLATION
6.1. The Services specified in the Service agreement will be provided for an indefinite duration, unless the Service agreement is terminated prematurely, by exercising the rights specified in article 6.2 or 6.3.
6.2. The Customer can terminate the Service agreement at any time, without the need to provide a reason, by ending the direct debit referred to in article 4.4.
6.3. Gociety Solutions can terminate the Service agreement when the Customer fails to meet their obligations as specified in the License agreement, files for bankruptcy, when a curator is assigned to the Customer, or if the Customer is put under administration.
6.4. Gociety Solutions will, upon the Customer’s request, return all information and documentation in its possession to the Customer, upon the termination of the Service agreement. Personal information that is no longer needed for the execution of the Service agreement, or for the execution of the Service during the trial mentioned in article 4.3, will be erased in accordance with the Privacy policy.
7. DELIVERY
7.1. Upon an accepted order placement of the Product, Gociety Solutions will send the Product straight away, and in any case within (30) thirty days, to the address provided by the Customer.
7.2. If the delivery is delayed, the Customer will be notified of this within (30) thirty days of placing their order. The Customer then has the right to terminate the agreement, free of charge, and has the right to a possible compensation in accordance with article 11.
7.3. Upon termination in accordance with article 7.2, Gociety Solutions will pay back the purchase price to the Customer straight away.
7.4. The risk related to possible damage or disappearance to/of the Product lies with Gociety Solutions until the moment of delivery to the Customer or a representative selected and announced to Gociety Solutions prior to delivery, unless explicitly agreed otherwise.
7.5. As soon as the Customer links the GoLiveClip to the GoLivePhone application in the manner explained in the manual (“pairing”), the Product is ready to be used. As soon as pairing has taken place, the right to revocation as specified in article 8 is lost.
8. REVOCATION
8.1. The Customer has the right to terminate the Purchase agreement without giving any reason, within (14) fourteen days from the day on which the Customer has received the GoLiveClip. The Customer needs to notify Gociety Solutions of this decision electronically, using the model withdrawal form provided by Gociety Solutions on their website.
8.2. If the Customer uses their revocation right, they have to send the GoLiveClip back to Gociety Solutions within the term specified in article 8.1, including all supplied accessories, and in its original state and packaging. The Customer has to pay any costs related to returning the Product.
8.3. Upon Gociety Solutions’ reception of the form, Gociety Solutions will send an acknowledgement of reception.
8.4. During the term specified in article 8.1, the Customer will treat the GoLiveClip and its packaging with care, and they will only use the GoLiveClip in order to establish the Product’s nature, characteristics and working. The term is meant to provide the Customer with the possibility to inspect the Product in the way one would in a store.
8.5. The Customer is accountable for any reduction in the Product’s value caused by use of the Product which exceeds the use specified in article 8.4.
8.6. When the Customer uses the revocation right, all Agreements between the Customer and Gociety Solutions will be legally terminated.
8.7. Gociety Solutions will return the GoLiveClip’s purchase price as well as any delivery costs made, within (14) fourteen days after the day on which Gociety Solutions has received knowledge of the revocation as well as the returned Product.
9. INTELLECTUAL PROPERTY
9.1. The Product, as well as the GoLivePhone and GoLiveAssist applications, are protected by intellectual property rights belonging to Gociety Solution and its affiliates. The Customer is obliged to respect these rights, and may only use the Product and the GoLivePhone and GoLiveAssist applications in the ways specified in the Agreements.
9.2. The intellectual property rights belonging to Gociety Solutions and relating to the GoLivePhone and GoLiveAssist applications, as specified in the License agreement, are made accessible to the Customer under the conditions specified in the License agreement.
10. COMPLAINTS AND WARRANTY
10.1. The Customer needs to inform Gociety Solutions about complaints regarding the Product electronically, and within a reasonable amount of time after the discovery of these complaints, or in any case within (2) two months after the date on which the Customer experienced the event(s) that led to this complaint.
10.2. Filing a complaint as specified in article 10.1 cannot lead to the suspension of the Customer’s obligation to pay for the agreed upon compensation.
10.3. Gociety Solutions makes an effort to answer any complaint within (14) days of the reception of the complaint.
10.4. If the Customer has notified Gociety Solutions of a legitimate complaint regarding a flaw in the Product, within a reasonable amount of time, and the warranty term is not over yet, Gociety Solutions will repair or replace the product free of charge.
10.5. The GoLiveClip’s warranty term, with the exception of the battery, lasts for (1) one year, starting on the day of purchase. The warranty term for the battery lasts for (6) months after the day of purchase.
10.6. The Product, as well as the GoLivePhone and GoLiveAssist applications, meet the specifications set out in the Product’s leaflet and intended applications. These specifications can also be found on the Gociety Solutions website.
11. LIABILITY AND INDEMNIFICATION
11.1. Gociety Solutions’ liability for any damage caused by use of the Product and the Services is limited to direct damage. Gociety Solutions will indemnify the Customer against this.
11.2. Gociety Solutions is never accountable for any indirect damage, including consequential damage, loss of profit and missed savings.
11.3. Gociety Solutions’ liability (including the obligation to indemnify) is limited to the maximum sum paid to Gociety Solutions by the insurance company, excluding any damage caused by conscious recklessness or the intention of the Customer.
11.4. The Customer is accountable and will indemnify Gociety Solutions against any damage, (third party) claims, liability or costs (including the reasonably made cost of legal aid), caused by:
a) false or incomplete information provided by or on behalf of the Customer;
b) all other shortcomings in terms of the Customer’s compliance with their obligations as stated by law, these General Terms or the Agreement;
c) circumstances that cannot reasonably be attributed to Gociety Solutions.
11.5. Neither Party is accountable for damage, loss, costs or other expenses that follow from the delay, disruption, limitation or failure to implement the Agreement(s) or any obligation towards the other Party, if these are caused by circumstances that reasonably fall outside of the power of that Party. In the case of that event, the Party suffering from these circumstances will immediately inform the other Party, in writing which specifies the circumstances and the way they are disrupting the implementation of the Agreement. The Party not suffering from circumstances beyond their control has the right to immediately terminate the Agreement(s), if the intended agreement has lasted at least (3) months.
11.6. The exclusion and limitation of liability specified above does not apply within the warranty term offered by Gociety Solutions as specified in article 10.4, or if prevented by law, as is the case with the product liability specified in book 6 of the Civil Code.
12. OTHER
12.1. Parties can communicate with one another via email. Parties acknowledge the risks surrounding email communication, such as the distortion, delay, interception and manipulation of email messages and the possible presence of computer viruses. Parties hereby declare that they will not hold one another responsible for any damage caused by the use of email communication. This equally applies to the use of electronic communication – in whichever form – between Parties and third parties. Parties will do or refrain from doing anything needed to reduce risks.
12.2. Should any of the provisions in these General Terms be declared invalid, this will not influence the legitimacy of the other provisions in these terms. An invalid provision will be replaced by a valid provision. The interpretation of this replacing provision needs to be as close to the intention of the original provision as possible.
12.3. Articles 5.3 and 5.4 of these General Terms remain in effect until (5) five years after the Agreement has been terminated. Articles 9, 11 and 13 stay in effect indefinitely, and article 10 stays in effect for the duration of the term mentioned in it. In addition, all other provisions needed for the interpretation and implementation of the rights and obligations of Parties under the Agreement will remain in effect, insofar as they are necessary to the full implementation of the Agreement.
12.4. In case of any contradictions between these General Terms and other Agreements between the Customer and Gociety Solutions, the provisions set out in these specific Agreements will prevail.
12.5. These General Terms can only be adjusted in writing.
13. APPLICABLE LAW AND DISAGREEMENTS
13.1. These General Terms, other Agreements between the Customer and Gociety Solutions and the offers made by Gociety Solutions, are governed solely by Dutch laws.
13.2. Possible disagreements that arise out of, or in connection with, these General Terms or other Agreements between the Customer and Gociety Solutions, and that cannot be settled in by mutual agreement within a reasonable time, will be brought before an authorized judge in Amsterdam.
14. LOCATION TERMS
14.1. These General Terms are registered at the office of the Dutch Chamber of Commerce’s commercial register. The General Terms can also be downloaded on Gociety Solution’s website.