Terms of Use - Seenons

SEENONS PLATFORM TERMS OF USE

ARTICLE 1: INTRODUCTION

Welcome to the Seenons Platform. The Seenons platform allows the Client to link specific waste streams from the Client to the appropriate Service Partners through the Seenons Platform. The Seenons Platform facilitates interaction and transactions between the Client and Service Partners.

This document contains the Terms of Use applicable to the use of the Seenons Platform by you as an End User. Seenons requests that you read these Terms of Use carefully before using the Seenons Platform. If you have any questions about these Terms of Use, please contact Seenons at support@seenons.com. For general questions, Seenons refers you to Article 17 of these Terms of Use. Seenons encourages you to regularly review these Terms of Use in order to be aware of any changes to the Terms of Use.

ARTICLE 2: DEFINITIONS

Account: the user account that gives End Users access to the Seenons Platform by means of Login Credentials.

Content: digital material uploaded by the End User or by third parties on the Seenons Platform.

Service: the set of functionalities, applications, information, content and other online services that Seenons makes available to the End User via the Seenons Platform.

Guest User: a visitor to the Seenons Platform and the Seenons website without an Account on the Seenons Platform.

‘End User’ or ‘you’: a natural person, working for, associated with or subcontracted by the Client or Service Partner, who uses the Seenons Platform to access the functionalities offered on the Seenons Platform in the context of work for the Client or Service Partner.

Terms of Use: the present Seenons Terms of Use applicable to the End User.

Login Credentials: a combination of the End User’s e-mail address and password with which the End User has access to his/her Account. If the End User has registered his/her Account through an account with certain third-party social networking services, such as Facebook or LinkedIn, this account will also be able to serve as a login option.

Client: a legal entity with which Seenons has entered into a commercial agreement for the use of the Seenons platform and for receiving services from Seenons.

Seenons: Seenons B.V., having its registered office at Danzigerkade 5b in (1013 AP) Amsterdam, registered with the Chamber of Commerce under the number 76467244 or a company or undertaking directly associated with it.

Seenons Platform: the (online) software application, mobile applications and website offered by Seenons to the Client and on which Services are made available to Clients, End Users and Service Partners in the context of the performance of the Agreement.

Service Partner: a legal entity commissioned by Seenons to perform services for the Client related to logistics services and/or the processing of waste streams.

ARTICLE 3: APPLICABILITY OF TERMS OF USE

These Terms of Use apply to any use of the Seenons Platform by the End User and Guest Users.
These Terms of Use are primarily focused on End Users (with an Account), whereby these terms also apply to Guest Users, unless otherwise stated.
By using the Seenons Platform End Users and Guest Users accept the applicability of these Terms of Use. The applicability of any general or specific conditions or stipulations of End Users to the use of the Seenons Platform is expressly rejected by Seenons.

ARTICLE 4: ACCESS TO THE SEENONS PLATFORM AND ACCOUNT

Seenons reserves the right to withdraw, restrict or modify access to the Seenons Platform without notice.
Seenons shall not be liable if, for any reason, the Service is unavailable at any time or for any period.
The User is solely responsible for keeping the Login Credentials confidential and for all activities taking place under the Account. If the End User has any concerns about his/her Login Credentials or suspects misuse, the End User should immediately contact support@seenons.com.
Seenons reserves the right to temporarily or permanently deactivate an Account at any time.

ARTICLE 5: LAWFUL USE

The End User may only use Seenons’ Service for lawful purposes.
Furthermore, the End User will not gain unauthorised access to (any part of) the Seenons platform (including applications on their own devices and equipment and Seenons’ network).
More specifically, the End User is not allowed to infringe the Seenons platform or other software/techniques of Seenons in any way, which includes (not exclusively) decompiling, reverse engineering, disassembling and attempting to gain access to the Seenons platform or other software/techniques of Seenons or unnecessarily aggravating or obstructing the systems and/or networks of Seenons.
The End User is also prohibited from collecting, indexing, scraping, mining data from the Seenons platform or other systems and/or networks of Seenons.

ARTICLE 6: CONTENT AND USAGE STANDARDS

The following standards apply to End User Content on the Seenons platform. Content must be concrete (where it contains facts) and must comply with applicable Dutch law and the law of any country from where the Content is posted. The End User shall not (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate the distribution of any information on or through the Seenons Platform (or allow a third party to):
- that infringes on any patent, trademark, trade secret, copyright, publicity right or other (intellectual property) right of any other natural, or legal person (including Seenons) or violate any legal or contractual obligation;
- which the End User knows to be false, misleading, untrue or inaccurate;
- which is deemed to be illegal content as described in Article 3(h) of (EU) Regulation 2022/2065 (DSA) or otherwise in breach of applicable law;
- involving unauthorised or unsolicited advertising, junk or bulk e-mail (‘spamming’);
- which, other than appropriate use of an invitation URL, involves commercial activity (whether for profit or not) and/or sale without Seenons’ prior consent;
- containing software viruses or other computer code, files, worms, logic bombs or programs designed or intended to disrupt, disable, damage, limit or interfere with the proper working of any software, hardware or telecommunications equipment or to damage or gain unauthorised access to any system, data, password or other information belonging to Seenons or any third party;
- which contains a person’s identification documents or sensitive financial information;
- which sends unsolicited messages to Seenons and or a third-party recipient;
- which aims to prevent, restrict, or circumvent measures used by Seenons to gain access to the Seenons platform (or other accounts, computer systems or networks connected to the Seenons platform); or
- otherwise take actions that violate these Terms of Use. To the extent permitted by law, the End User shall indemnify and compensate Seenons for all third-party claims (including settlement costs and reasonable legal fees) arising from any use of the Seenons Platform by the End User that violates these Terms of Use or applicable law or is otherwise unlawful.
If you discover that any information posted on the Seenons Platform infringes any applicable legal or regulatory provisions, particularly in the case of obvious illegal content (for example, in the case of defamation, libel, or infringement of intellectual property rights), you may notify Seenons by sending a Notice-and-Action Request to support@seenons.com. Seenons will treat all requests in an objective, timely and diligent manner.

ARTICLE 7: INTERACTIVE FEATURES

Seenons may allow the End User to perform interactive actions on the Seenons platform. This can be done by offering the End User for example (but not exclusively) the possibility to chat with Seenons or with third parties. Seenons may limit these options if, in Seenons’ sole opinion, an End User acts contrary to these Terms of Use, particularly if the End User acts contrary to Article 5 and/or Article 6 of these Terms of Use. In that case, Seenons shall have the rights set out in Article 7 of these Terms of Use. If such an interactive function will be restricted under these Terms of Use, this will be communicated in advance to the End User.

Artikel 8: REMOVAL AND DISQUALIFICATION

Failure to comply with these Terms of Use, in particular with Article 4 and/or Article 5 of these Terms of Use, entitles Seenons to take the following actions, without prejudice to Seenons’ right to compensation for any damages suffered:
- issuing a warning;
- an immediate, temporary or permanent removal of the Content uploaded by the End User on the Seenons Platform;
- an immediate, temporary or permanent removal from the Service;
- disclosing such information to the appropriate authorities, to the extent that Seenons considers this reasonably necessary.
The actions mentioned in this article are not exhaustive; Seenons reserves the right to take any other (legal) action that Seenons deems appropriate in the event that an End User breaches these Terms of Use, in particular Article 4 and/or Article 5 of these Terms of Use.
Any delay or failure by Seenons to invoke any of its statutory or contractual rights, including Paragraph 1 of this Article, or any partial or sole exercise of any such right, does not imply or constitute a waiver of those rights or of any future or other rights.

ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in respect of the Seenons Platform and the material published on it (excluding End User Content) belong exclusively to Seenons or to the third party from whom Seenons has obtained consent to use the material. The End User is not permitted to copy, reproduce, republish, sell, resell, download, post, broadcast, transmit, make available to the public, or otherwise use any content of the Seenons Platform and the material on the Seenons Platform without the express written consent of Seenons.
Seenons grants the End User a non-transferable, non-sublicensable, royalty-free, revocable and non-exclusive right to use the Seenons Platform during the term of the agreement that the entity which the End User is affiliated with has with Seenons. Upon termination or expiry of the aforementioned agreement, the End User’s right to access and use the Seenons Platform shall automatically terminate.
For the Content that the End User posts on the Seenons platform, the End User grants Seenons an unlimited and free license to use such Content for the Services. This means (among other things) that Seenons may reproduce, modify, or disclose this Content.
The User guarantees that the Content does not infringe third-party rights and that the End User is entitled to post the Content on the Seenons platform.
The User fully indemnifies Seenons against any claims and actions for damages from third parties relating to this Content, to the extent permitted by law.

ARTICLE 10: THIRD PARTIES

Third-party Content posted on the Seenons platform is expressly not intended as advice that can be relied upon. Seenons is not liable and/or responsible for such Content, nor for the consequences thereof for any End User of the Seenons platform, or any other person who has become aware of such Content.
Seenons uses third-party services to provide the Service, in order to, among others, manage and maintain the Seenons platform.

ARTICLE 11: LIABILITY

Seenons provides the Service in its condition and only to the extent it is available. Seenons makes no warranty of any kind, express or implied, regarding the content, the End User or third-party Content or the availability of the Services and the Seenons platform.
Seenons is in no way liable for any form of damage incurred by the End User as a result of the use of the Seenons Platform and/or the (temporary or permanent) inability to provide the Service(s), except in the event that such damage or claims are the result of intent or gross negligence on the part of Seenons, its board of directors or other managers.
Should Seenons be liable, for any reason, Seenons’ total liability to you will not exceed the total amount of fees paid to Seenons by the company you represent (Client), or paid by Seenons (Service Partner) in the three months preceding the event that caused the liability, up to a maximum of EUR 5,000.
Any liability for indirect damage, including but not limited to consequential damage, loss of profit and loss of turnover, is excluded.
A condition for the creation of any right to compensation of an End User will always be that the End User who states that damage has occurred must report this damage to Seenons in writing as soon as possible, but no later than within one year of its occurrence, on penalty of forfeiture of rights.

ARTICLE 12: PLATFORM UPDATES AND CHANGES

Seenons strives, but does not guarantee, that:
- the Seenons platform is regularly updated;
- the Seenons platform is functioning correctly and is up-to-date;
- the Seenons platform meets the needs of End Users;
- errors and any inaccuracies in and/or on the Seenons platform are resolved promptly and appropriately;
- and the Seenons platform has the highest possible uptime.
Under no circumstances can Seenons be held liable for failure to do so or failure to realise this endeavour, unless expressly agreed otherwise in writing with the End User.
Seenons reserves the right at any time, with or without notice:
- to make changes to the Seenons Platform, including changing the content in and/or on the Seenons Platform;
- to temporarily suspend the Seenons platform, for example in case of maintenance;
- to permanently discontinue the Seenons platform and remove the Seenons platform;
- to unilaterally amend or supplement these Terms of Use. If Seenons proceeds to do so, Seenons will post a new version of the Terms of Use on the Seenons platform and inform the End User of this via the Account.
Any subsequent additional agreements or amendments to these Terms of Use, as well as (verbal) agreements and/or promises made by Seenons’ personnel, by or on behalf of Seenons’ representatives or other intermediaries of Seenons, shall bind Seenons only if expressly confirmed by Seenons in writing.

ARTICLE 13: LINKS TO OTHER WEBSITES

The Seenons platform may include links to other third-party sites and/or services. These links are for information purposes only. Seenons has no control over the content of these sites or quality of third-party services and Seenons is not liable for them, nor is Seenons liable for damages that may result from the End User’s use of these sites or third-party services.

ARTICLE 14: PRIVACY

In providing the Service, Seenons agrees to comply with all relevant privacy and personal data protection laws and regulations, including (but not limited to) the General Data Protection Regulation (GDPR) and laws and regulations based thereon. For a description of Seenons’ handling of personal data, please refer to Seenons’ Privacy Policy.

ARTICLE 15: APPLICABLE LAW

These Terms of Use and any disputes arising therefrom are governed by Dutch law.
All disputes between the End User and Seenons relating to these Terms of Use will be submitted for a ruling to the competent court in Amsterdam.

ARTICLE 16: INAPPLICABILITY

If one or more provisions of the Terms of Use are void or voidable or are invalid or non-binding for other reasons, the remaining provisions of the Terms of Use continue to apply. In place of the void, annulled, invalid or non-binding provision of the Terms of Use, Seenons and the End User shall be deemed to have agreed instead on a provision that is valid, binding and legally enforceable and that most closely approximates the intention and spirit of the void, annulled, invalid or non-binding provision.

ARTICLE 17: CONTACT

Seenons interacts with Guest Users by posting messages on the Seenons platform. Seenons interacts with End Users with an Account by posting a message on the Seenons platform or by sending a message via the Seenons platform to the End User’s Account or by sending a message to the e-mail address provided by the End User or by calling the telephone number provided.
The User contacts Seenons by posting messages on the Seenons platform, sending a message to support@seenons.com or by sending a letter to Seenons B.V. Danzigerkade 5b, 1013 AP Amsterdam.