• Terms and Conditions

TERMS OF SERVICE FOR USERS

version 1.00 January 2015.

 

This application is operated by Office App (“Office App”). Office App offers this application (“Application”), including all information, tools and services available from this Application to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By using our Application or purchasing something through the Application, you agree to be bound by the following terms and conditions (“ Terms of Service”), including those additional terms, conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the Application (“Users”).

Please read these Terms of Service carefully before accessing or using our application. We reserve the right to update, change or replace any part of these Terms of Service without giving reasons by posting updates or changes on the application or our website (http://www.getofficeapp.com). You can review the most current version of the Terms of Service at any time on the application or our website. It is your responsibility to check these pages periodically for changes. Your continued use of the application following the posting of any changes constitutes acceptance of those changes.

1. Service

1.1 The Office App application (“Application”) is a communication platform that enables owners of office buildings to provide services to office managers, operators, tenants and individuals who work in the office building and have downloaded the Application. For example, Users can order a cab, flowers, dry cleaner, or maintenance service through the Application.

1.2 Office App cooperates with retailers and service providers ("Retailer") who offer products or services to Users through the Application. Users can purchase products or services from a Retailer directly through the Application ("In-App Purchase") or they can purchase a voucher or coupon ("Voucher"). Vouchers give Users the right to purchase a product or service from a Retailer at a later time. The conditions attached to a Voucher are determined by Retailers and may differ per Retailer.

1.3 Office App stands for high quality and therefore cooperates with high quality Retailers only. Office App reserves the right to change the range of Retailers or remove a Retailer from the Application at any time for any reason.

1.4 Payments of Users to Retailers are processed by the payment service of Stripe (“Payment Service”). Payments through the Payment Service are not secured or guaranteed by Office App. Office App only facilitates the payments through Stripe and is not liable for acts, omissions or damages of any kind of Users or Retailers caused by the use of the Payment Service.

2. Registration and personal account

2.1 If you want to use the Application, you need to register and create a personal account. To create a personal account we need your e-mail address and the name of the office building and company you work for (if applicable). If you purchase a product or service, we also need your name, mailing address, phone number, and credit/debit card information.

2.2 You agree to provide current, complete and accurate account and purchase information for all purchases made through the Application. You agree to promptly update your personal account and other information, including your e-mail address and credit/debit card information, so that we can complete your transaction and contact you if needed.

2.3 You agree that we store and process your personal data to the extent necessary to manage your personal account and to provide you the services of the Application. Office App stores and processes your personal data in accordance with the Dutch Data Protection Act (Wet bescherming persoonsgegevens ). Your submission of personal information is also governed by our Privacy Statement .

2.4 After registration you will be provided a password to access your personal account. You are solely responsible for the privacy of your password. Office App is entitled to close your personal account if we suspect abuse of your personal account or the Application, if you do no longer work in the office building, or if you violate these Terms of Service or other additional terms, conditions and policies referenced herein.

3. Third party services

If you purchase an In-App Purchase or Voucher of a Retailer through the Application, you will enter into an agreement with the relevant Retailer directly ("Direct Agreement"). Office App is not party to this Direct Agreement and is therefore not responsible for the fulfilment of this Direct Agreement. Office App has an interest in the proper fulfilment of the Direct Agreement. The Direct Agreement therefore always contains an irrevocable third party clause (derdenbeding) for the benefit of Office app that allows Office App to claim compliance with the Direct Agreement of one of the parties to the Direct Agreement.

4. Rules of Conduct

4.1 In some parts of the Application, it is possible to make a voluntary contribution. Users can (for example by participating in a forum, chat or discussion) provide comments, graphics, image or audio material. You agree that your contribution will not:

i. contain pornographic, discriminatory, offensive, threatening, obscene or otherwise objectionable or unlawful material;

ii. be false or misleading;

iii. contain commercial messages (e.g. it is not permitted to place advertisements on the forum or in the chat groups);

iv. contain any computer virus or other malware that could in any way affect the operation of the Application or any related website or service of Office App or Retailers;

v. violate any right of Office App or a third-party, including but not limited to copyrights, trademarks, privacy or any other personal or (intellectual) proprietary right; or

vi. be in any other manner unlawful against Office App or any third party.

4.2 You are solely responsible for any contributions you make and their accuracy. Office App is not responsible nor liable for any comments posted by you, other Users or any third-party. Office App preserves the right to edit or remove content that in our sole discretion violates these Terms of Service or is otherwise inadmissible.

5. Privacy statement

When you register and purchase a service or product via the Application, Office App will as part of the buying and selling process, collect certain personal information of you us such as your name, address and e-mail address. Your submission of personal information is governed by our Privacy Statement. This Privacy Statement can be found here or at our website (Privacy Policy).

6. Accuracy of information

Office App makes every effort to keep the information made available on the Application accurate and up to date, but we do not guarantee that the information is accurate, complete or current. The information on the Application is provided for general information purposes only. No rights can be derived from it. Any reliance on the provided information is at your own risk.

7. Updates

Office App will continuously further develop the Application and will update the Application if necessary and reasonable possible. Office App may modify the functionality or features of the Application at any time, provided that such updates and modifications do not materially denigrate the functionality of the Application, but Office App is no case liable to you for any such update or modification.

8. Disclaimer

Office App does not guarantee, represent or warrant that your use of the Application will be uninterrupted, timely, secure or error-free. We are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or related to your use of the Application.

9. Liability

Office App is not liable to you for any damage you suffer as a result of the use of the Application, the purchase or use of an In-App Purchase or Voucher, the fulfilment of a Direct Agreement, the inaccessibility of the Application or the incompleteness or inaccuracy of the information on the Application. Office App is not liable for any damage you suffer through acts or omissions of office owners, office managers, Retailers or other Users. You indemnify Office App against all third party claims for damages, costs or interest, relating to or arising from the use by you of the Application or the fulfilment of the Direct Agreement.

10. Intellectual property rights

Office App is the holder of all intellectual property rights (such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, mask works, information, proprietary rights, processes copyrights and trademarks) on the Office App (including but not limited to the design and software), the data collected by Office App and all other content related to the Office App, are the sole property of Office App and will remain the sole property of Office App. The Application is intended solely for your personal, non-commercial use. Any other use of the Application requires the prior written permission of Office App. Office App is entitled to use the data collected via the Office App for commercial purposes, in accordance with our Privacy Statement and the Dutch Data Protection Act (Wet bescherming persoonsgegevens).

In the event of a breach of this article, Users will be liable to Office App for an immediately payable amount of EUR 5.000,- per breach and EUR 500,- for each day on which the breach continues, without prejudice to Office App’s right to opt for damages instead of this amount.

11. Modifications of terms

Office App may update, change or replace any part of these Terms of Service at any time without giving reasons by posting updates or changes in the Application or on our website (www.getofficeapp.com). You can review the most current version of the Terms of Service at any time in the Application or on our website. It is your responsibility to check these pages periodically for changes. Your continued use of the application following the posting of any changes constitutes acceptance of those changes.

12. Law and jurisdiction

These Terms of Service and all agreements between Users and Office App shall only be governed by and construed in accordance with the laws of the Netherlands. All disputes arising out of or in connection with these Terms of Service and all agreements between Users and Office App shall be exclusively submitted to the competent court of Amsterdam in the Netherlands.

13. Complaints, comments, suggestions

Office App always strives for optimal service. If you have complaints, comments or suggestions, please let us know. Send us an e-mail at info@getofficeapp.com or contact us at:

Office App B.V.
Herengracht 182
1016 BR Amsterdam