Terms and Guideliness

Terms and Conditions of Use for the customer review  system 

The Terms and Conditions of Use are applicable to the use of the customer assessment system of DTG bv, which has its registered office at Herikerbergweg 88, 1101 CM Amsterdam and is registered  in the commercial register of the Chamber of Commerce under number 27198207 (hereinafter referred to as: ‘DTG’).

By posting your Review and clicking  the ‘send’ button, you agree to the applicability of these

Terms and Conditions of Use. We advise you to read these Terms and Conditions of Use carefully and to save a copy for your own records.

Article 1 - Definitions

In these Terms and Conditions of Use, the following terms and expressions (in both their singular and plural forms) have the following meaning:

Contracting Party/Company:

the business from which the User has purchased a product or service;

Service:

the agreed service provided by DTG, which consists of the compiling and publication of Reviews;

Survey:

a questionnaire that the User can base his or her Review on;

User/You:

a natural person older than 16 years old who has entered into a user agreement with DTG 

 

for  posting a Review and who is a customer of the Contracting Party/Company;

Review:

A review  of a Company posted by a User, including the personal

                 

information left by the User  (such as first name, town/city of residence, age, product purchased);

Website:

the agreed website www.klantenvertellen.nl, www.kiyoh.nl, www.kiyoh.com or

                 

www.patientenvertellen.nl.

Article 2 - Placement of Reviews and provision of the Service

2.1                          DTG offers you the option to complete the Survey and to  submit a Review via the  Service.

2.2           Your Review (including personal information) may be published on the Website or on another website or in other media of           the Company and in search engines and/or on websites of other partners of DTG that are publicized on the Website.

                  These partners may change from time to time.

2.3           The Review (including the personal information filled in by you) will only be shared with   the Company in question if    this Company has entered into an agreement with DTG for this purpose. In that case, the Company is entitled - but not obliged - to publish the Reviews on its website. If the Company decides to publish the Reviews then it must           place/publish all Reviews; in other words, it may not make a selection from them. The Company is entitled to give the Reviews its own look and feel when publishing them.

2.4           DTG is entitled to make changes to the Review or to remove it, without you being entitled to any form of compensation. DTG can do this for example if the text of the Review is (unnecessarily) lengthy , or if the Personal Data filled in by     you are incorrect, if you are acting in breach of Article 3 or if the Company has lodged a complaint about the              Review, in accordance with Article 5.

2.5                           The Company is not entitled to make changes to the Reviews.

2.6           By posting a Review on the Website, you grant DTG a perpetual, irrevocable, royalty-free and unlimited       right to use the Review in accordance with these Terms and Conditions of Use.

Article 3 - Conditions for using the Service

3.1           You warrant that all (Personal and other) Data that you provide within the context of the Service, such as your name, address and email address, are complete, accurate and up-to-date and that you only  use the Service for yourself.

3.2                        You are liable for the content of the Review and warrant that:

a)                             a) its content is not false, deceptive, fraudulent or otherwise unlawful and/or in breach of the law;

b)                             b) your Review does not treat others unfairly (including the Company that you are posting the Review about),                                        for example by placing discriminatory, offensive or insulting texts;

c)                             c) the Review is solely based upon your own experience with the Company and that this experience occurred no more than 6                 months ago. This period of 6 months does not apply if you are placing the Review                             in response to a request to that end you received from the Company.  In order to ensure the trustworthiness of the Reviews                            , DTG is entitled to carry out random checks via email by contacting you so that you can provide evidence that you are (or have been) a customer of the Company in question.               

d)                             d) the Review is not intended as a response to other Reviews;

e)                             e) the Reviews do not contain any Personal Data or other descriptions that can be traced back to an individual person;

f)                              f) you are not tarnishing   the interests and/or reputation of DTG in general and/or of its Service in particular.

g)                             g) the Reviews are solely based upon  the Company and the Review does not refer to any organisations that are competing                               with the Company.

Article 4 - Personal data

4.1           DTG processes the Personal Data of Users via the Service. DTG is the ‘Processor’ within the meaning of the GDPR (the General       Data Protection Regulation) and is responsible for ensuring that the processing of the Personal Data     complies with the obligations laid down in the GDPR.

4.2     The Privacy Policy as set out in Appendix 1 - which supplements DTG’s Disclaimer & Privacy- and Cookie Statement - applies to the processing of these Personal Data by DTG.

Article 5 - Complaints procedure

5.1           If a Company or a third party is of the opinion that your Review is breaching the Terms and Conditions of Use, it can request DTG    by email  to remove your Review. DTG will inform you by email about the complaint as soon as possible      and will provide you the opportunity to put forward a defence. The complaint will subsequently  be dealt with within fourteen days.

5.2           During the assessment process of  the complaint, the Review may be ( temporarily)  deleted.

Article 6 - Intellectual property rights

6.1           All intellectual property rights and other rights relating to the Service (including but not limited to                the website of DTG, images, design and other materials) are vested in DTG and/or its licensors.

                            No transfer of intellectual property rights shall take place.

6.2           You may only use the Service for the purposes that are described in these Terms and Conditions of Use. You are not     entitled to make all or part of the Service available in any way to one or more third parties or to reproduce, distribute,             amend it or to process it or      embed it in any way in other materials, in another website or in other software or services or to subject it to reverse engineering or to create derivative products or services or to otherwise use it other than in accordance with the purpose of the agreement.

6.3     You warrant that your Review or other materials made available by you do not breach the rights of third parties and that you are entitled to make these materials available to DTG.

Article 7 Exclusions, warranties and liability of DTG

7.1           Although we endeavour to take the utmost care in relation to the Service and to the content thereof, we cannot be held responsible for the presence of any deficiencies or other inadequacies, including in particular any incompleteness or               inaccuracies in the publication of your Review(s). DTG is not in any way liable for any harm (including losses and injury) caused by the Service or for any deficiencies or other inadequacies in or in respect of the Service.

Article 8 - Final provisions

8.1           DTG is entitled to amend the Terms and Conditions of Use. You will be notified of any such amendments      either via the Website or in another way. If you do not wish to accept the amendment, you may end your use of the Service as at the date on which the              amendment in question comes into force. This termination  of usage will not lead to the Reviews being deleted.

8.2           The agreement and these Terms and Conditions of Use are governed by Dutch law.

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