General Terms and Conditions

Version: 1-1-2020

Article 1 - Definitions
In these terms and conditions:
1. Weeview: a trade name of Weeview V.O.F. established in Oosterwolde, registered with the Chamber of Commerce under number 71058532.
2. Member: a natural or legal person who is a member of Weeview as an Organization (Chamber of Commerce: 71058532) and who enters into the Agreement.
3. User: a consumer who uses the Service through the Online environment.
4. Service: an online assessment tool (facilitated by Weeview) that makes it possible for customers and visitors of Coffeeshops to post a Review via the online assessment tool and which makes it possible for the Member to show reviews to customers and visitors.
5. Agreement: the agreement that is concluded between Weeview and the Member whereby Weeview enables the Member to use the Service without any form of advertisements on the Member's Home page.
6. General Terms and Conditions: these terms and conditions.
7. Party: any party to an Agreement.
8. Online environment: the closed space on the Service that is made available to the Member by Weeview after registration and which is accessible after entering the login details.
9. Login details: the user name and password with which the User can identify himself on the online assessment tool.
10. Homepage: the landing page of the Member on which all Review(s) submitted by the User for the relevant Member are displayed.
11. Survey: a questionnaire on the basis of which the User can give a Review.
12. Review: Review submitted by the User based on Member's Survey including personal information such as name, place, date and status in Online Environment.
13. Data: all Review(s)/name and address details/email addresses entered by visitors/customers of the Member.
14. Coffeeshop: the physical shop about which the Review is displayed via the Service.

Article 2 - Applicability
1. The General Terms and Conditions apply to the use of the Service and form part of every Agreement between Weeview and the Member.
2. Any conditions or exceptions put forward by the Member do not form part of the Agreement, unless Weeview has expressly agreed to this in writing.

Article 3 - Realization and implementation of the Agreement
1. The Agreement is concluded the moment the Member accepts the (electronic) registration form. This can be done electronically by clicking on the “send” button or in writing by signing the order form and returning it to Weeview. In both cases, Weeview will send the Member a confirmation.
2. Weeview will start configuring the Service as soon as possible after the conclusion of the Agreement. Weeview makes every effort to configure the Service to the best of its ability with due care and skill.
3. The Member is obliged to enable timely and correct configuration of the Service. In particular, the Member ensures that all data and facilities, which Weeview indicates are necessary and/or which the Member should reasonably understand are necessary for the installation and configuration of the Service, are made available to Weeview in a timely manner. posed.
4. Weeview will perform the work with due care on the basis of the information provided or to be provided by the Member, for the correctness, completeness and consistency of which the Member guarantees. Weeview is entitled, but not obliged, to investigate the correctness, completeness or consistency of the data or specifications made available to it and to suspend the agreed work in the event of any imperfections until the Member has removed the relevant imperfections.
5. The Service can be consulted by the User and Member via the application.

Article 4 - Duration and Termination
1. The Agreement is entered into for the duration as indicated in the offer. The Agreement will then be tacitly extended for a period of 1 (one) month without notice.
2. The Agreement may be terminated by a Party without giving reasons and motivation, with due observance of a notice period of 1 (one) month by the end of the period referred to in the previous paragraph.
3. In the event of bankruptcy of Weeview, the Agreement will be immediately terminated by Weeview, without Weeview being obliged to pay any compensation.
4. In the event that a Party has:
          1. filing for bankruptcy, whether it is declared bankrupt;
          2. it must otherwise no longer be considered capable of fulfilling the obligations under or pursuant to the Agreement, the other Party may terminate the Agreement with immediate effect via written notice, without being obliged to pay any compensation.

Article 5 - Conditions of the Service
1. It is not permitted to use the Service in a way that violates the rights of third parties or the law.
2. Weeview does not take note of the content of the Member and the reviews posted through the Service. Should assessments take place via the Service that are incorrect and/or unlawful, the Member will bear all responsibility for this completely independently. Weeview does not accept any liability for the information (Data) exchanged or communication conducted using the Service. The Member indemnifies Weeview against claims from third parties that are based on the statement that the communication conducted or information provided by the Member, or visitors or customers of the Coffeeshop, using the Service are unlawful, or that unlawful information is the Visitor Service is displayed.
3. The Member shall act and behave with a degree of care with regard to the Service that may be expected of the Member.
4. The Member is not permitted to use the Service for more than one company and more than one Coffee Shop.
5. If, in the opinion of Weeview, the Member poses a risk to the functioning of the server(s) or the network of Weeview or third parties, in particular due to the excessive retrieval or sending of data (including performance problems), the Weeview is entitled to take all measures it reasonably deems necessary to avert or prevent this danger.
6. If the Member acts contrary to these General Terms and Conditions, Weeview has the right to deny the Member access to the Service.
7. The Member is obliged to fill in the order form truthfully. The Member also declares that he is authorized to use the Service and to act in accordance with these general terms and conditions.
8. Both User and Member agree to the privacy statement, as published on the Weeview website: https://weeview.nl/privacy-statement-weeview-app.
9. The Member agrees to receive emails from Weeview regarding the Service.
10. Weeview may assume that when logging into the Online environment, this action is performed by the User.
11. The Member must report false reviews via service@weeview.nl and may never directly or indirectly contribute to false reviews.
12. The User accepts that the use and possible misuse of his Login Details is at his own expense and risk. The User is advised to keep his Login Details secret as much as possible. If he provides his Login Details to third parties, he is entirely responsible for any consequences thereof.
13. If, for whatever reason, Weeview suffers damage as a result of the User providing his Login Details to third parties, the User is fully liable for this. The Member and/or User must inform Weeview if the Member and/or User knows or suspects that usernames and passwords have come into the hands of unauthorized persons. Weeview has the right to take effective measures in such cases.
14. If the Member and/or User fails to comply with one or more conditions of this Agreement, Weeview has the right to block the Service and/or suspend the Agreement. Any payment obligation of the Member does not expire.

Article 6 - Prices and payment
1. The fee for the Service to be provided by Weeview is described in the order form and the User Agreement.
2. All prices are in euros and exclusive of turnover tax and other levies imposed by the government.
3. All prices on the website, brochures and other Weeview material are subject to obvious typing and calculation errors. No liability is accepted for the consequences of obvious typing and calculation errors.
4. Weeview reserves the right to change rates in the interim. The changes will be announced in a Weeview newsletter no later than one (1) month before they come into effect. The Member who does not agree with these changes is entitled, until the time of entry into force of the change, to terminate the Agreement as of the date on which the changes come into effect.
5. If the package specifications of the Service are exceeded by the Member, Weeview will notify the Member. In that case, Weeview is entitled to place the Member in a higher package and associated rate model. This increase will apply for the remaining term of the Agreement.
6. The Member agrees to electronic billing by Weeview.
7. Weeview may require payment for the Service to be made by direct debit. The Member must, upon request, authorize Weeview to do so in writing by means of a business SEPA authorization.
8. If the direct debit is unsuccessful, the Member will be notified and Weeview will be entitled to charge the Member €12.50.
9. The Member owes fees arising from this Agreement at all times within 14 days of the invoice date.
10. In the event of late payment, the Member is, in addition to the amount due and the interest accrued thereon, obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies. In addition, Weeview can demand security for payment from the Member for the remaining contract term and Weeview is entitled to suspend the Service.

Article 7 - Processing personal data
1. If the Member, User, visitors of the Member and/or customers of the Member enter personal data via the Service, both the Member and Weeview are subject to the Personal Data Protection Act (Wbp), whereby, according to the terminology of that law, the Member has the 'responsible' and Weeview constitutes the 'processor'. The Member agrees that Weeview may appoint a (sub) processor, and may process the data of the Member, but also the other data entered (by customers and visitors). This is for the implementation of the Agreement and the further commercialization of the Service.
2. Pursuant to the Wbp (art. 14), the controller and the processor must conclude an Agreement with regard to the processing of personal data carried out by the Member or Weeview. In the absence of a further explicitly agreed 'processor agreement', the provisions in this article will apply as a processor agreement within the meaning of the Wbp.
3. Weeview will ensure an appropriate security level in view of the risks associated with the processing and the nature of the data to be protected. However, this only if and insofar as they are located in the Service or infrastructure of Weeview.
4. The Member guarantees that he and his visitors, customers and Users will only enter personal data into the Weeview Service in a fully lawful manner (in accordance with the applicable laws and regulations and in any case the Wbp).

Article 8 - Intellectual property
1. All intellectual property rights to all software of the Service made available under the Agreement, including the Website, are vested exclusively in Weeview. During the term of the Agreement, the Member only acquires a right of use that is non-exclusive and non-transferable, and furthermore only the powers that are expressly granted to the Member by these terms and conditions, the User Agreement or otherwise.
2. If the ownership rights of the Data accrue to the Member, the Member grants Weeview a perpetual, non-exclusive and transferable right of use with regard to this Data.
3. The Member is not permitted to remove or change any designation regarding copyrights, brands, trade names or other intellectual property rights from the software of the Service.
4. Weeview or its suppliers are permitted to take technical measures to protect the software of the Service. If Weeview has secured Weeview's software by means of technical protection, the Member will not remove or circumvent this protection.

Article 9 - Updates and Maintenance
1. Weeview or its suppliers have the right to adjust the software of the Service from time to time to improve the functionality and to correct errors. Because the Service is provided to several Members, it is not possible to waive a certain adjustment for the Member alone. Weeview is not obliged to pay any compensation for damage caused by adjusting the Service.
2. Weeview reserves the right to temporarily decommission the Service for maintenance, adjustment or improvement of the Service and servers of Weeview.
3. Weeview tries to organize this decommissioning in such a way that the Member will be inconvenienced as little as possible.
4. Weeview will never be obliged to pay any compensation for damage suffered by the Member due to the said decommissioning.

Article 10 - Helpdesk
1. Information regarding the use of the Service is provided to the User on the application and website.
2. The Member and User can report malfunctions and ask questions by email via service@weeview.nl. Weeview will make every effort to answer the questions adequately and within a reasonable period of time.

Article 11 - Force majeure
1. Weeview is not obliged to fulfill any obligation towards the Member if a circumstance that Weeview cannot influence prevents the fulfillment.
2. In the event of such force majeure - which in any case includes disruptions in the telecommunications infrastructure, internet, internal disturbances, mobilization, war, transport congestion, strikes, lockouts, import and export restrictions, business disruptions, supply stagnation, fire, flood, and non-performance of suppliers on whom Weeview depends in the performance of an Agreement – the performance of the Agreement may be suspended without any obligation to pay compensation.
3. If the situation of force majeure prevents fulfillment for longer than 30 days, both Parties are entitled to terminate the Agreement with immediate effect, without any obligation to pay compensation arising as a result. In the aforementioned case, the Member is entitled to repayment of his contribution for the period that the Agreement is no longer performed after termination.

Article 12 - Liability
1. Weeview is never liable for any direct or indirect damage suffered by the Member or by third parties as a result of a shortcoming in the fulfillment by Weeview, including consequential damage, loss of reviews/assessments, or damage due to publication thereof and immaterial damage .
2. The liability of Weeview towards the Member, for whatever reason, is limited per event (where a connected series of events counts as one event) to the invoice amounts paid to Weeview with a maximum of € 500 excluding VAT on an annual basis.
3. The Member indemnifies Weeview against all claims from third parties for whatever reason, with regard to compensation for damage, costs or interest, related to this Agreement and/or the Service.
4. The previous paragraphs of this article do not apply if and insofar as the damage in question is caused by intent or willful recklessness on the part of Weeview.

Article 13 - Amendment of these conditions
1. Weeview reserves the right to change or supplement these terms and conditions.
2. Changes also apply to Agreements already concluded, with due observance of a term of 30 (thirty) days after the announcement of the change on the Weeview Website or by electronic notification. Changes of minor importance can be made at any time.
3. If the Member does not want to accept a change in these terms and conditions that is not of minor importance, he can terminate the Agreement by this date until the date on which the new terms and conditions take effect.

Article 14 – Nullity
1. If a provision of these terms and conditions proves to be null and void, this will not affect the validity of the other provisions. Each such provision shall be construed, to the extent legally possible, in the manner that most closely approximates what the parties intended herein. The invalid provision will be replaced by a valid provision that serves the same purpose as the old provision as far as possible.

Article 15 - Final provisions
1. Only written amendments to this Agreement are valid.
2. These general terms and conditions are part of the User Agreement.

Article 16 - Applicable law
Dutch law.

Article 17 - Competent court
Court of Leeuwarden.