Article 1 - General
If one or more provisions of these terms and conditions are partially or wholly invalid or are invalid, the other provisions of these terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision. Ambiguities about the content, explanation or situations that are not regulated in these terms and conditions should be assessed and explained in the spirit of these terms and conditions.
By using the website, the User agrees that Supply Chain Media will communicate about the services by means of notifications (including electronic communication).
Article 2 - Privacy, data processing and security
Supply Chain Media handles the (personal) data of the User with care. Processing of personal data will only take place in the context of the performance of the services of Supply Chain Media. Supply Chain Media will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the privacy statement of Supply Chain Media.
Article 3 - Use of the website
- Supply Chain Media makes every effort to make the website available to the User. All services are performed on the basis of a best efforts obligation.
- The user is at all times responsible for all data and information that he places or has placed on his account and/or the website. If the User suspects that the information provided by him is incorrect or incomplete, the User will inform Supply Chain Media without delay and provide the correct information as yet. User must keep his data up-to-date and can adjust his data in his own account for this purpose.
- Supply Chain Media may impose further restrictions or conditions on the access to and use of certain parts or functions of the website, including but not limited to creating an account, completing a verification process and/or complying with specific quality or suitability criteria.
Article 4 - Obligations when using the website
- The user has an independent responsibility for the use of the website at all times. The user is obliged to adhere to the following regulations during the use of the website. User must refrain from using the website:
- to use manual or automated software, equipment or other processes to index or scrape the data used within the website on the internet;
- in a way that involves illegal activities or activities that are contrary to morality or public order;
- copying (parts of) the website of Supply Chain Media;
- to otherwise harm the interests of Supply Chain Media.
- In the event of (possible) criminal acts, Supply Chain Media is entitled to report this and to hand over the data provided by the User to the competent authorities, as well as to perform all acts that are requested of it in the context of the investigation. Supply Chain Media has the right to deny the User access to the website and/or to terminate the use of the website.
- In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the User.
- The User is responsible for the proper security of the (mobile) device on which he uses the website, as well as for securing and keeping his/her own login details confidential.
- Each User must create an account for the purpose of accessing and using the website.
- The account can be registered with an e-mail address and a password, unless stated otherwise.
- The User is obliged to provide correct and complete information during the registration of the account and to keep the account up-to-date at all times.
- The User is responsible for his or her login details and must not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possibly unauthorized use of the account, the User must immediately contact Supply Chain Media. The User is personally liable for all activities carried out via his/her own account, unless the User can demonstrate that he/she has not been negligent. This in any case includes: failure to report unauthorized use or loss of login data.
Article 5 - Access
- Supply Chain Media only offers the use of the website. Supply Chain Media never has any responsibility for and/or influence on the implementation of the services or products offered by any advertisers on the website.
- All information and numbers displayed on the website are subject to spelling or typing errors.
- The User shall ensure that all data, which Supply Chain Media indicates are necessary or which User should reasonably understand to be necessary for access and/or use of the website, are provided to Supply Chain Media in a timely manner.
- Supply Chain Media is not liable for damage, of whatever nature, that has arisen because Supply Chain Media has based on incorrect and/or incomplete information provided by the User, unless this incorrectness or incompleteness was known to Supply Chain Media.
Article 6 - Availability website
- Supply Chain Media does not guarantee that the services will always meet the expectations raised in advance. Supply Chain Media strives to make an effort to offer the website and access to the website to the User, as far as possible, without interruption, but Supply Chain Media does not guarantee the full availability of the website at all times. Supply Chain Media is entitled if and insofar as it deems there is a danger to the faultless functioning of the website and to suspend the use of the website. Supply Chain Media is furthermore entitled to take all measures it deems reasonably necessary to guarantee the effective functioning of the website.
- Supply Chain Media enables Users to send messages. User grants Supply Chain Media permission to forward messages addressed to them via the communication facilities.
- Supply Chain Media offers Users the opportunity to sign up to receive a newsletter from Supply Chain Media or from any third parties who offer this option via the Supply Chain Media website. If Users want to receive the newsletter, they can indicate this on the registration form or register for it via a link in the website. After registration, Users can unsubscribe from the newsletter by clicking on the link in the newsletter itself.
Article 7 - Notice and takedown
If and insofar as there is an infringement of the rights of Supply Chain Media or third parties and/or unlawful acts by the User, Supply Chain Media is entitled to close that part of the website with immediate effect or to exclude the User from the use . Supply Chain Media will immediately remove any infringing/damaging information. Under no circumstances is Supply Chain Media liable for any damage suffered as a result of (temporarily) shutting down the service and/or removing or passing on data.
Article 8 - Payment
The right to use the website is not subject to a payment obligation.
Article 9 - Limitation of liability
- The User indemnifies Supply Chain Media from the moment that the User first uses the website against all damage that has arisen, except for intent or gross negligence on the part of Supply Chain Media.
- Supply Chain Media is not liable for damage that is or may be the result of (incomplete and/or incorrect) information on the website or that of linked websites or applications.
- If the performance of the service leads to liability of Supply Chain Media towards the User, that liability is limited to the costs charged by Supply Chain Media in connection with the agreement with regard to direct damage. Direct damage is understood to mean reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability and the method of repair.
- Under no circumstances is Supply Chain Media responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason or the loss and/or corruption of User's data and information.
- Supply Chain Media does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Supply Chain Media, nor for the timely receipt thereof.
- Supply Chain Media is not liable for the fact that the User has not received the account information, not correctly and/or not on time. Supply Chain Media is never liable if the User has not kept his login and/or account details in a safe place.
- All claims by the User due to shortcomings on the part of Supply Chain Media will lapse if they are not reported to Supply Chain Media in writing and with reasons within one year. Any claim for compensation against Supply Chain Media must always be reported in writing, but at the latest within one year after the User became aware or could reasonably have been aware of the facts on which he bases his claims. After this period, such a claim will lapse.
Article 10 - Force majeure
- Supply Chain Media is not liable if it is unable to fulfill its obligations as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault, and is not for his account under the law, a legal act or generally accepted standards.
- Force majeure is in any case understood to mean, but is not limited to, what is understood in this regard in law and jurisprudence, (i) failure to properly fulfill obligations of suppliers or suppliers, (ii) faulty goods, equipment, third-party software or materials, (iii) government measures, (iv) power failure, (v) failure of the internet, data network and telecommunications facilities (e.g. due to: cybercrime and hacking), (vi) fire, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the business of Supply Chain Media and (xi) other situations that in the opinion of Supply Chain Media fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
- Supply Chain Media has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Supply Chain Media should have fulfilled its obligation.
Article 11 - Intellectual property rights
- The User is expressly prohibited from infringing the intellectual property rights of Supply Chain Media, as well as the good name of Supply Chain Media. All intellectual property rights and copyrights of the website, including the graphic designs, ideas and the like with regard to the website, rest exclusively with Supply Chain Media and are expressly not transferred to the User.
- User has a non-exclusive right to use the website personally and for private use.
Article 12 - Complaints
- If the User is not satisfied with the services offered via the Supply Chain Media website, the User is obliged to report these complaints as soon as possible, but no later than 14 days after the relevant reason that led to the complaint. Complaints can be reported via firstname.lastname@example.org with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the User for Supply Chain Media to be able to handle the complaint and declare it well-founded.
- Supply Chain Media will respond substantively to the complaint as soon as possible, but no later than 14 days after receipt of the complaint.
- Malfunctions and/or problems as a result of incorrect use are at the expense and risk of the User.
Article 13 - Changes
Supply Chain Media has the right to unilaterally adjust these conditions. User will be informed of this as soon as possible. In any case, the User can view the amended terms and conditions via the website.
Article 14 - Dispute resolution
- The legal relationship between Supply Chain Media and the User is governed by Dutch law.
- If a provision of these terms and conditions proves to be void or non-binding, the Parties remain bound by the other provisions. The parties will replace the void and/or non-binding provision(s) with a binding provision, the purport of which is as much as possible the same as the provision(s) to be replaced, in the context of these terms and conditions.
- All disputes between Supply Chain Media and the User will be settled by the competent court of the District Court of Gelderland, location Zutphen, unless mandatory provisions lead to jurisdiction of another court.
Doetinchem, June 22, 2021