Coachi User Agreement

Submitted at the College bescherming persoonsgegevens (Personal Information Protection Board) and the Chamber of Commerce in The Hague.

 

Introduction
Please read the stipulations of this user agreement carefully prior to your registration at and use of Coachi. By registering at Coachi, you acknowledge to have taken cognizance of, and to have accepted the stipulations of this user agreement without any reservations.

 

Applicability
This agreement applies to use of the software made available by De Zwerm Groep B.V., named ’Coachi’, in addition to any information and services made available by means of the software. During your use of Coachi, you as a user are required to act in accordance with all applicable legal directives, as well as to adhere to the stipulations of this agreement and to any possible instructions issued by Coachi.

 

Processing of personal information
On processing your personal information, De Zwerm Groep B.V. observes the Dutch privacy regulations, including the Wet bescherming persoonsgegevens (Dutch personal information protection act). In accordance with the aforementioned regulations, your personal information is processed in an appropriate and careful manner for the sole purpose of effecting this agreement, with particular focus on achieving your intended point of development and invoicing. De Zwerm Groep B.V will only submit your personal information to third parties if such is required for effecting the agreement.

 

Your user E-mail address is visible for all other users, unless you explicitly opt for its alternative on your registration. As a user you are entitled to request De Zwerm Groep B.V to change or to remove your personal information at any time.

 

Personal development goals
The Coachi development system is an online interactive system. In the context of achieving your intended point of development as the final purpose of a development process, development activities and development results are registered and shared with a select group of users. This group consists of persons involved in achieving the intended development.

 

De Zwerm Groep B.V points out to the user that co-users who have been allocated a role with respect to the relevant point of development can view the information submitted by you (except for the password) at any point of development.

 

Technical purpose
Coachi is based on a system of development intended to function properly in a technical sense. The Coachi application and authentication procedure requires your E-mail address. Coachi installs cookies on your computer, which are only used to allow Coachi to indify you for purposes of using this system. Furthermore, Coachi operates by software subject to GPL licences. In addition, so-called plugins are used. This software, used by Coachi, is subject to third party terms and conditions and licenses, which you as a user are required to observe.

 

Intellectual property rights
Any intellectual property rights pertaining to Coachi products, software, and (Internet) services are exclusively held by De Zwerm Groep B.V.. Intellectual property rights include, without limitation, any patent rights, copyrights, trademark rights, trade name rights, database rights, model rights, domain names, and any other rights of intellectual property in the Netherlands and abroad, connected to Coachi in general; also including knowhow and professional secrets and confidentialities. In the event of violation of intellectual property rights, De Zwerm Groep B.V reserves all rights towards you as a user, including the right to terminate (or to have terminated) the violation(s), and the right to recover any damages from you.

 

Applicability and use
As a Coachi user, you are required to compose and behave yourself as may be expected of a responsible and careful user of the Internet. De Zwerm Groep B.V. reserves the right to edit or remove text, messages, forum contributions, etcetera on or from Coachi.

 

As a user you are entitled to consult and copy the website and the information presented on it for personal use. In addition, you are allowed as a user to make use of the website and the information presented on it in ways acceptable to De Zwerm Groep in order to achieve a personal development goal. De Zwerm Groep B.V assesses acceptability of your use of the website and the information presented on it upon detection of such use. At the initial request of De Zwerm Groep B.V, you are required to cease any undesirable use of the website and the information presented on it. Failure to comply to such a request constitutes a violation of De Zwerm Groep B.V (intellectual property) rights.

 

As a user, you are prohibited to in any way copy, alter, distribute, circulate, reverse engineer, decompile, or in any other way use and/or exploit the material made available, without the prior explicit written consent of De Zwerm Groep B.V or its users/customers.

 

Use of Coachi and/or its contents for conduct and/or acts that are against the law, public order, or common decency is prohibited. Without limitations, the following specific conduct and/or acts are prohibited:

- violations of, other acts conflicting with, intellectual property rights of Coachi, its customers, and/or third parties;
- making detrimental, illegal, or misleading announcements;
- circulation of material prohibited by law;
- evasion or removal of security of (parts of) the website;
- sending unwanted messages of a commercial nature (spam) to persons whose E-mail addresses you have obtained from the Coachi website(s);
- altering, damaging, deactivating, overburdening, obstructing, or impairing use of the website;
- threatening, insulting, discriminating, or hindering others;
- supplying material or messages of an intentionally incorrect, threatening, insulting, discriminating, intimidating, illegal, libellous, vulgar, obscene, injurious, misleading, or fraudulent nature, or of a nature that can be interpreted as such; or containing explicit or graphic descriptions of sexual acts; or violating the privacy of others;
- spreading of viruses or of documents containing harmful components.

 

Consequences of undesirable or illicit use
On established undesirable or illicit use by you as a user, De Zwerm Groep B.V reserves the right to remove imagery, messages, or information of any type whatsoever. In addition, De Zwerm Groep B.V reserves the right in such cases to either terminate the agreement with you as a user immediately, or to temporarily suspend or to remove your user account, respectively, at Coachi’s own discretion.

 

Liability
Content of points of development is provided entirely by users. De Zwerm Groep B.V accepts no liability whatsoever with regard to the content of points of development and their associated material. Furthermore, De Zwerm Groep B.V is not liable for any damage resulting from use of (or the inability to use) products, software, or (Internet) services including the website; these include damage resulting from viruses or from incorrectness or incompleteness of information, unless such damage results from intent or gross faults on account of De Zwerm Groep B.V. Furthermore, De Zwerm Groep B.V is not liable for damages resulting from use of electronic devices for communicating with the website, including, but not limited to, damage resulting from non-delivery or delay in delivery of electronic messages and payments by third parties, or interception or manipulation of electronic messages and payments by third parties, or by programmes/equipment used for electronic communication and payments and transfer of viruses. Furthermore, De Zwerm Groep B.V is not liable damage resulting from hosting problems, improper performance of functionalities; and textual or visual flaws in De Zwerm Groep B.V products, software, and/or (Internet) services. In any event, any possible liability by De Zwerm Groep B.V is restricted to any remunerations De Zwerm Groep B.V receives from its indemnity insurer ; and insofar as the latter were not to remunerate, to the amount that De Zwerm Groep B.V receives from the person indemnifying De Zwerm Groep B.V, or is held to such indemnification.

 

De Zwerm Groep B.V does not warrant that the information presented on its website is topical, complete, and/or accurate. Neither does De Zwerm Groep B.V warrant that the information presented on its website is free from errors and/or flaws, or that such errors and/or flaws will be resolved.

 

If, as a user, you send/upload material or contributions to the website, then this is considered to occur under your responsibility as a sender.

 

As a user, you indemnify De Zwerm Groep B.V against any third party claims in this context.

 

Security
You will treat your account information (username and password) with due care and utmost confidentiality at all times. As a user, you will ensure towards De Zwerm Groep B.V that the account information is only ever used in personal ways. You are responsible and liable for any possible unauthorised use and any damage resulting from such use.

 

As a user, you bear exclusive responsibility to use a suitable and up-to-date antivirus computer programme that performs regular scans for potential computer viruses.

 

Nullity
If this user agreement is or is partially nullified, parties are held to the remaining stipulations. Parties are held to replace the nullified part by stipulations that are valid, the legal consequences of which shall correspond with the part that was nullified to the greatest possible extent with regard to the content and tenor of the user agreement.

 

Amendments to the agreement
This agreement may be changed by De Zwerm Groep B.V at any time. The amended agreement comes into effect from the moment that it becomes accessible through the software made available by De Zwerm Groep B.V. For this reason, you are required to review the agreement on a regular basis.


Applicable law and competent court of law
This agreement is governed exclusively by Dutch law. The competent Dutch court of law has exclusive authority to take cognizance of any disputes issuing from or in connection with this agreement. The stipulations of the Dutch version of this agreement prevail over any translated versions.

 

Final clause
Coachi is a registered trademark and part of De Zwerm Groep B.V., holding office at Th Hague, the Netherlands, and registered at the The Hague Chamber of Commerce, at KvK number 27308062. Please visit http://www.dezwermgroep.nl/coachi for further information.

 

As most recently amended on Februari 21, 2016.

 

The Hague, the Netherlands