Membership Terms & Conditions

INDIVIDUAL MEMBERSHIP: PERSONAL ACCOUNT TERMS AND CONDITIONS
Version: 1 January 2024

1. DEFINITIONS

The following definitions have the following meaning:

Account
The personal account opened and maintained by the User on the Platform containing the relevant (personal and payment) details of the User (including interest, preferences, and special request), which is accessible to the User with relevant login details (username and password).

Data
The (non-personal) data as requested under the Services and/or provided by the User and other members and users of the Platform pursuant to the Services.

Cooperative    (we, our, us)              
Diverse Leaders in Tech, a cooperative incorporated under the laws of the Netherlands and having its registered office at Saenredamstraat 74, Haarlem

Platform
The website and app of Cooperative on which the Services are offered.

Privacy Statement
The privacy statement of Cooperative.

Responsibilities
diversity, inclusion, wellbeing, belonging, equity, accessibility, (workplace) culture, environmental, social, governance, ethics, and sustainability.

Services
The business intelligence services and products as from time to time rendered or made available by Cooperative in respect of the Responsibilities.

Terms
These terms and conditions and the Privacy Statement (all as amended or supplemented from time to time).

User (you, your)
The person acting in its own name and who has signed up on the Platform and/or uses the Services.

Vendors
Means the third party vendors and suppliers that market, promote, enable and/or offer their products and services on or through the Platform.

 

2. APPLICABILITY TERMS

2.1 The Terms apply to the legal relationship between the User and Cooperative and to the Services as offered, managed, maintained, supplied and/or made available by Cooperative to the User (including the use of the Platform).

2.2 By registering as a User at Cooperative, opening an Account, using the Platform and/or the Services, you agree to and accept the Terms.

 

3. ACCOUNT AND PLATFORM

3.1 In order to use the Platform, Products and Services, you must log in to the Platform and create an Account. The User will immediately inform Cooperative in the event of (suspected) misuse or loss of the login details or misuse of the Account.

3.2 Unauthorized use or sharing of login details, or abusive behavior is prohibited. Cooperative is at all times entitled to (temporarily) suspend the Account or User and/or to impose additional requirements for the granting of an Account. The User shall keep and treat its login details confidential and not to share them with third parties. If the User hands over the login details to third parties, the User is fully responsible for any consequences and misuse thereof.

3.3 The User is free to delete and/or cancel its Account at any time.

 

4. DATA USESAGE AND RESPONSIBILITIES

4.1 Cooperative collects and processes the Data for business intelligence, analytical and internal purposes and (further) utilization, publication, distribution thereof on the Platform and among its members/users and other stakeholders and for its Responsibilities program. Cooperative may further use (aggregated and anonymized) data for improving the Services.

4.2 The User shall own all raw Data provided to Cooperative. Cooperative shall own all aggregated and/or calculated Data it has processed under or pursuant to the Services (including the results and outcome). When using the Data for the Services as available to other members/users, Cooperative shall procure that the Data is not directly traceable and assignable to the User (unless agreed otherwise).

4.3 Cooperative grants a limited, royalty free, fully paid up and revocable right and license to the User to use, publish, disclose, and utilize the Data for and in furtherance of its Responsibilities program. Save for the use in accordance with the aforementioned right and license, the User shall not sell, monetize, transfer, publish or otherwise disclose the Data to any third party without Cooperative’s prior written approval.

4.4 The User warrants that the Data provided or otherwise made available by the User under or pursuant to the Account and/or on the Platform or Services is true, accurate and correct and shall be updated where needed and possible.

5. FEES FOR THE SERVICES

5.1 The fees due for the Services are published by Cooperative on the Platform (subject to change).

5.2 All prices are exclusive of VAT (unless stated otherwise) and subject to changes and apparent typing, typing, or programming errors.

5.3 Unless indicated or agreed otherwise, all invoices are due as of the date of invoice and must be paid by the User within 14 days of the invoice date via the payment methods as indicated in the invoice.

5.4 All prices and fees are non-refundable and non-transferable.

 

6. TERM AND (CONSEQUENCES) TERMINATION

6.1 Each Party is entitled to terminate the agreement with due observance of a notice period of 30 days, unless otherwise agreed.

6.2 Cooperative may delete the User’s Account if the User has not used the Account for 12 months. Cooperative may terminate and/or rescind any agreement with a User with immediate effect in the event of a material breach by the User or in the event of bankruptcy or suspension of payment by the User.

6.3 In the event of termination or dissolution of the agreement, the following articles remain in force: 5.4, 7, 8 and 10.

 

7. INTELLECTUAL PROPERTY AND PRIVACY

7.1 The Platform, including the associated systems and software as well as all brand names, logos, content (pictures, videos, etc.), information, images, and design) are the intellectual property of Cooperative (or its licensors). Unless agreed otherwise, the intellectual property rights of Cooperative (or its licensors) may not be copied or otherwise used in any way without written permission from Cooperative.

7.2 Unless agreed otherwise, the User shall not in any form or fashion reproduce, modify, copy, publish, distribute, use or make available to the public for any reason whatsoever (whether in print or electronic form) any of the information, logos, design, names, pictures, videos, texts, graphics, copyright, trademark, service mark or any other material on or from the Platform without prior written consent from Cooperative (or its licensors). Any permitted use of the Cooperative logo shall be in accordance with the Cooperative branding guidelines.

7.3 Cooperative processes the personal data of users of the Platform in accordance with the privacy and cookie statement published on the Platform. To the extent permitted by law, the User hereby agrees to the processing of personal data in accordance with the Privacy Statement and shall inform its users of the Privacy Statement (including the purpose of processing of their personal data).

 

8. DISCLAIMER AND LIABILITY

8.1 Cooperative offers the Platform and Services (including the Data) on an “as is” and “as available” basis. Cooperative does not assume any responsibility for the content of the products and services linked to or otherwise made available on or through the Platform by third parties or the Data or other information provided by third parties.

8.2 The User accepts that the Platform (in whole or in part) may be unavailable due to maintenance, update, upgrade, downtime, malfunction, outage, interruption, bugs, errors, or improper functioning (for whatever reason).

8.3 Cooperative is only liable towards the User in the event of an attributable shortcoming in the performance of its obligations under these Terms. Cooperative is not responsible or liable for the products and services (including acts or omissions) of other users, Vendors or other third parties.

8.4 Save as set out otherwise, the total liability of Cooperative (whether in contract, for tort or otherwise) for all claims, liabilities, losses, and damages under or pursuant to these Terms (or otherwise) shall not exceed EUR 100 per event or series of related events. The exclusions and limitations referred to in this Clause will not apply in case of personal injury or death, or for damages caused by Cooperative’s fraud or willful intent.

8.5 Except as expressly required by law, under no circumstances will Cooperative be liable for any indirect, special, punitive, exemplary, consequential, or incidental damages, such as but not limited to loss of revenue, profits, data, business, goodwill, claim, or anticipated savings, and reputational damages however caused (even if advised of the possibility of such damages). All damages are strictly limited to direct damages actually paid, suffered, or incurred.

 

9. MISCLEANNEOUS

9.1 Cooperative may change these terms and conditions at any time with due observance of a term of 15 days after announcement of the change on the Platform or by electronic notification. Changes of minor importance or as a result of changes in applicable laws/regulations can be made at any time. If the User does not wish to accept a change or addition, the User can immediately terminate the agreement.

9.2 If a provision of these Terms is found to be invalid, this will not affect the validity of the other provisions. The invalid provision will be replaced by a valid provision that is as close as possible to the same as the old provision.

9.3 The User will keep the contents and conditions of these Terms including any confidential information in the strictest confidence and not share, publish, or otherwise disclose such information.

 

10. APPLICABLE LAW AND COMPETENT COURT
    The Terms shall be exclusively governed by Dutch law. All disputes or conflicts arising our or related to these Terms will be submitted exclusively to the competent court in Amsterdam.

 

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