The terms of use below apply to the use of the service (as defined below). They form a binding agreement between you and Heppie-de-Peppie. Please read these terms of use carefully so that you know what your rights and obligations are when you use the service.
Article 1
Definitions Heppie-de-Peppie (Trading under the name iSeleQt), vof, with offices at Binnenweg 52, 6955 AZ Ellecom.
Content All information that is made accessible by the user via the website and app, including, but not limited to, the information and data regarding the themes of happiness at work.
Database The database(s) created by Heppie-de-Peppie containing the information and data on the themes of happiness at work.
Employ The service that Heppie-de-Peppie provides to the user through the website and app, through which the user uses the account, under the provisions of these terms of use:
1) in the event that the user is an employer, information is obtained at individual (employee) level, department level and hirer/client level with which analyzes can be made regarding scores on the themes surrounding happiness at work and advice can be given;
2) if the user is an employee, information is obtained at individual (employee) level with which analyzes can be made regarding scores on the themes of happiness at work and advice can be given.
In addition, iSeleQt also offers other services, such as: HR advice, training, coaching and education for users of HR-related software tools. These activities also fall under the ‘services’ chapter.
User The employee and/or the employer who uses the service.
Terms of Use The terms of use of Heppie-de-Peppie.
Credentials The username and password of the user to access his account to use the service.
Intellectual property rights All intellectual property rights and related rights, such as copyright, trademark law, patent law, design law, trade name law, database law and related rights, as well as rights to know-how.
Side A party (user and/or Heppie-de-Peppie) to these terms of use.
Privacy statement The privacy statement of Heppie-de-Peppie is available via the website www.Heppie-de-Peppie.nl
Website The website of Heppie-de-Peppie: www.Heppie-de-Peppie.nl and all underlying pages.
App The Heppie-de-Peppie app: downloadable via Google Play (Android) and App Store (Mac) with all underlying pages.
Employer The natural or legal person who uses the service as an employer.
Employee The natural person who uses the service as an employee.
Article 2 General
2.1 Heppie-de-Peppie is at all times entitled to change and/or supplement these terms of use. The most current terms of use will be available on the website or will be brought to the attention of the user during the use of the service. If the user continues to use the service after amendments and/or additions to these terms of use, the user thereby irrevocably accepts the amended and/or supplemented terms of use. If the user does not agree to the amended and/or supplemented terms of use, his/her only option is to stop using the service and to terminate his account.
2.2 The parties expressly reject the applicability of any general terms and conditions of the user.
3.2 The website sets further conditions under which the user can use the service. These further conditions relate, among other things, to the way in which vacancies and profiles can be created and posted.
3.3 In order to use the service, the user must create an account in the manner described on the website and the app. The user guarantees to Heppie-de-Peppie that the information he provides when creating his account is complete, up-to-date and correct. It is expressly not allowed to create an account in the name of another person. During registration, the user must also provide login details, which can be used to access his account.
3.4 The user guarantees to Heppie-de-Peppie that he is entitled to use the services and that he will act in accordance with these terms of use. The user indemnifies Heppie-de-Peppie against claims from third parties based on the statement that the use of the service by the user, including, but not limited to, posting profiles, vacancies or other content is in any way unlawful.
3.5 The user is responsible for the correctness and completeness of the content provided, as well as for the adjustment and/or addition of the content if it is no longer correct. The user acknowledges and understands that the correctness, topicality and completeness of the content provided is of great importance for the optimal functioning of the service.
3.6 The user is responsible for keeping his login details secret. The user is not permitted to provide his login details to third parties or to give third parties access to his account in any way. The user is liable for all use made via the login details of the service. Heppie-de-Peppie may assume that the user is actually the one who logs in with his login details. As soon as the user knows, or has reason to suspect, that login details have come into the hands of unauthorized persons, the user must inform Heppie-de-Peppie of this, without prejudice to his own obligation to immediately take effective measures himself, such as changing the login details.
3.7 Heppie-de-Peppie reserves the right to change the login procedure and/or the login details of the user, if it deems this necessary in the interest of the functioning of the service.
3.8 Heppie-de-Peppie is not liable for damage resulting from any unauthorized access to or use of the website and/or service by third parties.
Article 4 Use of the service
4.1 The user accepts that the website, the app and the service only contain the functionalities and other properties as found on the website, app and/or service at the time of use (on an ‘as is’ basis). Heppie-de-Peppie expressly excludes express and implied warranties, promises and indemnities of any kind, including, but not limited to, warranties, undertakings and indemnities regarding the quality, safety, legality, integrity and correctness of the website, app and the service, unless otherwise specified in these terms of use.
4.2 The user acknowledges and accepts that Heppie-de-Peppie only offers a platform on which employers and employees can be brought into contact with each other. Heppie-de-Peppie has no knowledge of and/or involvement with the content and other information made available by users using the website, app and/or service. Heppie-de-Peppie is therefore not responsible for any decision whatsoever based on information and analyses. Heppie-de-Peppie expressly has no involvement with the contact that is made between the users as a result of the service, nor with any agreements and/or agreements that arise from this contact.
4.3 The user is fully responsible and liable for all actions he performs using the website, app and/or service.
4.4 Heppie-de-Peppie is at all times entitled to change, adapt and/or terminate the service, without becoming liable for damages or liability towards the user in any way. If the user does not agree with the adjustments and/or changes made, his only option is to stop using the service and to terminate his account.
Article 5 Obligations of the user
5.1 By providing and sharing information about the themes of happiness at work, the user gives Heppie-de-Peppie permission to use information and/or other content on the website and app for the provision of services.
5.2 The user acknowledges and agrees that the information on the themes of happiness at work and/or other content that it makes available through the service can be used by employees or employers. Heppie-de-Peppie does not accept any liability for compliance with these terms of use by other users.
5.3 The user is not allowed to post content that:
- contains advertising messages
- is based on untruths and/or is misleading
- viruses, Trojan horses, worms, bots or other software that can damage our system, make it unusable or inaccessible, delete or appropriate it or that are intended to prevent technical protection measures for the website and/or the computer systems of Heppie -de-Peppie
- consists of assuming a false identity and/or falsely suggesting that the user is involved with Heppie-de-Peppie
- uses tools other than those approved by Heppie-de-Peppie to search the website, or which use and from data mining, robots or other means of collecting data
- data of other users used for purposes other than those stated in these terms of use, without the explicit prior written consent of Heppie-de-Peppie
- is in violation of any applicable laws and/or regulations
- infringes the rights of Heppie-de-Peppie and/or third parties, including but not limited to intellectual property rights or rights relating to the protection of privacy
- is otherwise unlawful in any way
- can damage the interests and reputation of Heppie-de-Peppie.
Article 6 Obligations of the employer (organization)
6.1 The employer is not allowed to:
- reproduce, publish, resell, use for commercial purposes or otherwise make available to third parties the content obtained through the service
- use the contact details provided by employees for commercial, idealistic or charitable communication, or other unsolicited communication, other than for specific vacancies
- to engage third parties to perform one of the actions referred to in this article.
Article 7 Obligations of the employee
7.1 The employee is not allowed to:
- reproduce, publish, resell, use for commercial purposes or otherwise make available to third parties the content obtained through the service
- use the contact details provided by users for commercial, idealistic or charitable communication and/or other than to respond to information, scores and analyzes on themes related to happiness at work and/or for other unsolicited communication
- to engage third parties to perform one of the actions referred to in this article.
Article 8 Payment
8.1 All quotations, including offers, from Heppie-de-Peppie are without obligation, unless expressly stated otherwise.
8.2 Orders from the user to Heppie-de-Peppie only bind Heppie-de-Peppie after the order has been confirmed by Heppie-de-Peppie by e-mail, or after Heppie-de-Peppie has announced the implementation of the agreement to have started.
8.3 A fee is payable for using the service. The amount of this compensation is set out in a personal offer.
8.4 The prices are exclusive of the statutory VAT, unless stated otherwise. All prices quoted are subject to change without notice. Price changes do not apply to services already purchased.
8.5 Payment takes place in the manner described on the website and/or via a personal offer.
8.6 If direct debit is used, the user will ensure a sufficient bank or giro balance, so that the amount due can be collected. The user is responsible for the correctness of the bank details provided, including, but not limited to, the account number and the name. The user gives Heppie-de-Peppie permission to collect the full amount by direct debit.
8.7 If a periodic payment has been agreed, and/or payment is not or cannot be made by direct debit, the user pays within the term stated on the invoice. If no term of payment is stated or otherwise agreed in writing, payment will be made by the user within fourteen (14) days of the invoice date.
8.8 If payment is not made within the period stated in Article 8.7, Heppie-de-Peppie will send the user a reminder whereby Heppie-de-Peppie reserves the right to charge administration costs in addition to the agreed amounts.
8.9 If the user does not make the payment within the term referred to in articles 8.7 and 8.8, Heppie-de-Peppie will send the user a reminder for the relevant amount, in which, in addition to the amounts referred to in the aforementioned articles, reminder costs will also be charged. .
8.10 From the moment that the direct debit is refused and/or reversed for the first time and/or if the user does not pay any invoice from Heppie-de-Peppie within the payment term, the user is automatically in default, without any notice of default or demand being required. is needed.
8.11 Any appeal by the user to suspension and/or settlement is not permitted.
8.12 With regard to amounts already paid or amounts that have become due and payable on the basis of the terms of use, no refund will ever be made.
Article 9 Availability of the service
9.1 Heppie-de-Peppie is entitled, without prior notification and without becoming liable for damages to the user, to (temporarily) decommission the website, app and/or services and/or to limit their use, if this is deemed necessary by Heppie-de-Peppie. is necessary, for example field in the context of the reasonably necessary maintenance of the website, app and/or service.
9.2 Heppie-de-Peppie is entitled, without prior notice, to make procedural and technical changes and/or improvements to the website, app and/or service.
9.3 Heppie-de-Peppie does not guarantee that the website, app and/or service will be accessible at all times and without interruptions or malfunctions. Heppie-de-Peppie is in no way liable or liable for damages towards the user for any damage resulting from or resulting from the (temporary) unavailability or (interim) failure of the website and/or the service.
Article 10 Intellectual property rights
10.1 The intellectual property rights with regard to the website, app and the services, as well as the information made accessible via the website, app and services, such as the texts, look and feel, templates of the pages, video, audio and image or photo material , with the exception of the content, rest with Heppie-de-Peppie and/or its licensors.
10.2 With regard to the content placed on the website and app by the user, the user grants Heppie-de-Peppie a free, worldwide, irrevocable, sub-licensable and transferable right to publish and reproduce this content insofar as this is the context of offering the service is required.
10.3 The user is expressly prohibited from downloading, copying, modifying, reverse engineering, publishing, for direct or use it indirectly for commercial purposes or for any purpose other than the purposes stated in these terms of use, unless Heppie-de-Peppie or the relevant entitled party has given permission for this or mandatory Dutch law permits such use.
10.4 The user is not allowed to remove, obscure, hide or change notices or mentions regarding intellectual property rights.
10.5 Nothing in these terms of use is intended to transfer any intellectual property right to the user. The user will not perform any actions that may infringe the intellectual property rights of Heppie-de-Peppie, such as registering domain names, brands or Google AdWords that resemble or are identical to any object to which Heppie-de-Peppie has intellectual property rights.
Article 11 Database
11.1 The database of Heppie-de-Peppie can be regarded as a database within the meaning of Article 1 preamble and under a of the Databases Act. Heppie-de-Peppie is the producer of this database and in that capacity has the exclusive right to grant permission for the use of data from this database. The user may only use data from the database insofar as the use is permitted under these terms of use and for the performance of the service. Without the prior written consent of Heppie-de-Peppie, the user may not retrieve and reuse a substantial part of the contents of the database and/or repeatedly and systematically retrieve and reuse non-substantial parts of the contents of the database in the sense of the Database Act.
11.2 In addition to Article 5.3, the user is not permitted to use the service in an improper manner. This means, among other things, that the user is not permitted to use any software and/or hardware tools and/or solutions (in-house or made available by third parties), insofar as these are aimed at taking over any information accessible via the database. information created, or to spider, scrape, search or otherwise improperly use and/or view the database in any other way.
Article 12 Privacy
12.1 During the creation of the account and during the provision of the service, the user provides (personal) data to Heppie-de-Peppie. This (personal) data will be stored and processed in accordance with the privacy statement of Heppie-de-Peppie and the applicable laws and regulations.
Article 13 Liability
13.1 Heppie-de-Peppie does not accept any liability for damage resulting from the provision of the service or from an unlawful act or otherwise, insofar as this is permitted under mandatory law.
13.2 If Heppie-de-Peppie is liable towards the user for damage for whatever reason, Heppie-de-Peppie is only liable for direct damage suffered by the user as a result of a shortcoming attributable to Heppie-de-Peppie and/or unlawful act up to an amount equal to the compensation paid by Heppie-de-Peppie during a period of three (3) months prior to the event. s from which the liability arises has been paid by the user. The total liability under the agreement will never exceed € 1,000 (one thousand euros).
13.3 Direct damage is exclusively understood to mean:
- material damage to goods
- reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based
- reasonable costs incurred to determine the cause of damage.
13.4 Any liability of Heppie-de-Peppie for other than direct damage, as described in Article 13.3, including in any case consequential damage, is excluded. Consequential damage includes, among other things, loss of profit, lost savings, reduced goodwill, damage due to business interruption, losses, costs incurred to prevent or determine consequential damage, loss, exchange or damage of electronic data and/or damage due to delays in the transport of data traffic .
13.5 The limitation of liability included in this article does not apply in the event of intent and/or deliberate recklessness on the part of Heppie-de-Peppie itself and/or its managers.
Article 14 Force majeure
14.1 There is no attributable shortcoming in the fulfillment of the agreement by Heppie-de-Peppie in the event of force majeure.
14.2 Force majeure includes, among other things, illness of employees and/or absence of employees who are crucial to the delivery of the service, interruptions in the supply of electricity, strikes, riots, government measures, fire, pandemics, natural disasters, floods, shortcomings of suppliers of Heppie- de-Peppie, shortcomings of third parties engaged by Heppie-de-Peppie, failures in the connection to the internet, hardware failures, failures in (telecommunication) networks and other unforeseen circumstances.
14.3 If the force majeure continues for at least thirty (30) days, both parties are entitled to dissolve the agreement, without being obliged to pay compensation for any damage related to this dissolution.
Article 15 Duration & Termination
15.1 The user has the right to stop using the service and terminate his account at any time.
15.2 Heppie-de-Peppie and the user have the right to dissolve the agreement to use the website, app and the service if the other party fails imputably in the fulfillment of its obligations under the agreement and this party, after a proper and as detailed may have received a written notice of default, whereby a reasonable term is set for remedying the shortcoming, continues to fail attributably in the fulfillment thereof.
15.3 The services provided by Heppie-de-Peppie prior to dissolution and the related payment obligation will not be subject to cancellation in the event of dissolution.
15.4 Heppie-de-Peppie points out to the employee that he cannot use the cooling-off period, as stated in Article 7:46d paragraph 1 of the Dutch Civil Code. The service is provided by Heppie-de-Peppie directly with the consent of the employee, as referred to in Article 7:46i paragraph 5 under 1 of the Dutch Civil Code.
15.5 In addition to the other (legal) remedies available to Heppie-de-Peppie, Heppie-de-Peppie is at all times entitled to :
- (temporarily) limit, suspend or disable the user’s activities in connection with the service
- temporarily or permanently suspend and/or delete the account
- remove content.
Article 16 Penalty clause
16.1 If the user violates articles 5, 6 and/or 7 of these terms of use, this user will owe Heppie-de-Peppie an immediately due and payable fine of € 1000 per event, without further warning or notice of default and without judicial intervention being required. without prejudice to the exercise of other rights accruing to Heppie-de-Peppie, including but not limited to claiming compensation.
Article 17 Miscellaneous
17.1 Dutch law applies to these terms of use and all use of the service and the website. The application of the Vienna Sales Convention (CISG) is expressly excluded.
17.2 All disputes arising between the user and Heppie-de-Peppie will be submitted to the competent court in the district of Amsterdam, unless mandatory law stipulates that the dispute must be submitted to another court.
17.3 Heppie-de-Peppie may transfer rights and obligations arising from these terms of use to third parties and will inform the user thereof. If the user does not find this transfer of obligations to a third party acceptable, the user to stop using the service and terminate his account. This does not release him from the obligation to pay for the services already purchased.
17.4 If these terms of use are or become partially invalid, the user and Heppie-de-Peppie will remain bound to the remaining part. Heppie-de-Peppie will replace the invalid part with stipulations that are valid and the legal consequences of which, in view of the content and purport of these terms of use, correspond as much as possible to those of the invalid part.