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Terms of Use

Terms of Use SubsidyCloud

Scope

SubsidyCloud provides Users with a Platform (“SubsidyCloud”) through which they can connect and communicate with SubsidyCloud’s Consultants. These terms of use apply to the use of the Platform. Other terms and conditions apply to SubsidyCloud’s actual subsidy services, including its General Terms and Conditions (www.subsidycloud.com/en/terms-and-conditions).

Definitions

SubsidyCloud: Subsidycloud Tech B.V. and all its affiliated (legal) entities.

User: the natural or legal person who has created an Account and is interested in subsidy services.

Consultants: the subsidy specialists affiliated with SubsidyCloud.

Terms of Use: the Terms of Use of the Platform.

Platform: the Platform and all the possibilities of use offered by SubsidyCloud in connection with the Service via a web page and/or a mobile application.

Project: the project and supporting document(s) uploaded by the User via the Platform with the aim of exploring the subsidy possibilities thereof.

Service: The Service related to the Platform consists of the User being:

  • can pitch a Project to SubsidyCloud;
  • can get in touch and communicate with Consultants regarding the Project;
  • can view the status of a grant application (if any);
  • access to the SubsidyCloud database of grant schemes.
 

Account: User’s user account.

Data: the data referred to under 4 (b) of these Terms of Use.

AVG: General Data Protection Regulation (EU) 2016/679;

Data Subject: an identified or identifiable natural person to whom Personal Data relates;

Personal data: any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Controller: a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

Processor: a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

Bound by conditions

By using the Platform, the User declares to have read and agree to these Terms of Use, the privacy statement and the cookie policy of SubsidyCloud.

If the Platform uses third-party services, the General Terms and Conditions and the privacy and cookie policy of the relevant third parties also apply. SubsidyCloud is not responsible for the services and privacy and cookie policies of third parties.

SubsidyCloud is entitled to unilaterally change the terms and conditions of the Platform in the interim, after which the new terms and conditions will apply to the use of the Platform as well as the Service immediately or after a period set by SubsidyCloud.

Create Account

Before the User can use the Service as mentioned in article 2, the User must first register an Account according to the steps mentioned by SubsidyCloud.

The following data is included in the Account:

  • user data, such as first and last name and username;
  • telephone number;
  • Company.

Other users will not see any information from each other, unless the User provides this information outside the system.

The Account may be deleted at the User’s request.

Use of the Platform

SubsidyCloud makes available to the User the use of the Platform. The User’s right of use does not extend to the source code of the Platform, and is non-transferable and non-sublicensable.

The use of the Platform is without obligation and free of charge. If the User gives an order to SubsidyCloud to provide subsidy services, other conditions apply.

Communication with the Consultants takes place exclusively via the Platform.

A User is only allowed to use the Data in the context of the Service.

The User is not permitted to consult, scrape, crawl or spider the Platform (or the Data) in an automated manner. Furthermore, the User is not permitted to export Data of other Users or other information from the Platform (except in the ways offered by SubsidyCloud), or to access the Platform with other technology or software. Nor is it permitted to circumvent or remove technical protections, or to make this possible for others.

Furthermore, a User is not permitted to use the Platform:

  • for any unlawful purpose (including “phishing” and spam);
  • in such a way that results in the Platform being damaged in its functionality;
  • to distribute, transmit or upload computer viruses or otherwise harmful files or programs;
  • to distribute, transmit or upload any material or communication that is misleading, defamatory, abusive, violent, obscene, discriminatory or threatening in nature or that is likely to cause annoyance, inconvenience or undue distress for any other reason;
  • in any way that violates or infringes the rights of any natural or legal person;
  • in a way that is damaging to the reputation of SubsidyCloud.

Availability

Although SubsidyCloud aims to make the Platform available as much as possible, it may happen that the Platform is interrupted, for example as a result of planned maintenance work or upgrades, emergency repairs or failure of telecommunications connections and/or equipment. SubsidyCloud does not guarantee that the Platform will operate without interruption, errors or defects or that all errors and defects will be corrected at all times.

SubsidyCloud reserves the right to remove the Account from the Platform for any reason, and without prior notice.

In the event of an infringement or alleged/possible infringement of the (intellectual property) rights of third parties as a result of the Platform, SubsidyCloud is entitled to replace or modify the Platform, in such a way that the (possible) infringement is thereby removed. In that case, SubsidyCloud is entitled to temporarily suspend its functionality.

SubsidyCloud is not liable for damages (including loss of revenue/business interruption/loss of data) that may result from the limited or non-existent availability or modification of the Platform and/or Account. This restriction does not apply in the event of intent or deliberate recklessness on the part of SubsidyCloud (other than as indicated above).

Intellectual property rights

All copyrights, trademarks, database rights and all other intellectual property rights to the information offered through the Service belong to SubsidyCloud. The copyrights related to a Project remain with the User.

The User does not obtain any license to use these intellectual property rights, neither in the context of the Service nor outside it (all this subject to mandatory legal provisions). Information from the Platform may not be used for any other purpose, including reproduction, publication, retrieval or reuse, without the prior written consent of SubsidyCloud or of the User who contributed the content.

Privacy

User grants SubsidyCloud permission to process the Account in connection with the Service/Platform for acceptance into the system.

SubsidyCloud does not export the User’s personal data to files other than those intended for the use of the Platform, the Service and the subsidy services of SubsidyCloud.

Under no circumstances will the User use the personal data of the Consultants without explicit permission.

SubsidyCloud may use these contact options at any time in the context of the Service, for example in connection with maintenance work and the (un)blocking of an Account.

The processing of personal data is done in accordance with the Privacy Statement of SubsidyCloud and the GDPR. SubsidyCloud’s Privacy Statement can be found at www.subsidycloud.com/privacybeleid/User declares to have read the Privacy Statement of SubsidyCloud and to have taken note of the content.

The User is responsible for the correctness and completeness of the (personal) data provided by him/her.

Deactivation and End of Service

The User is entitled to terminate the Account at any time in the manner indicated by SubsidyCloud.

SubsidyCloud is entitled to immediately temporarily deactivate or terminate the Account of the User in question, or to delete certain Data:

  • If SubsidyCloud has indications that a User is using or has used the Platform in violation of Article 5 or is otherwise acting unwantedly;
  • If the User otherwise violates the Terms of Use regarding the Service.

Contrary to the Privacy Statement of SubsidyCloud, the personal data of Participants upon deactivation/termination of Service and the deletion of the User’s Account will be processed at the request of the User within 2 months after deactivation/end of Service or the aforementioned request of the User.

SubsidyCloud is entitled to terminate the Service at any time and stop offering the Platform.

Liability

The Platform offers a tool for Users to get in touch with SubsidyCloud and pitch a Project to its Consultants on subsidy opportunities without obligation. Although SubsidyCloud and the Consultants exercise the greatest care, no rights can be derived from the information provided to a User via the Platform. Different conditions apply to the actual subsidy services provided by SubsidyCloud.

SubsidyCloud does not provide any guarantees with regard to the content of the Platform and therefore accepts no liability for any damage resulting from the use of the Platform, including, but not limited to, damage resulting from incorrect information (originating from a Consultant), or as a result of contact and/or cooperation with a Consultant, or as a result of the use of the SubsidyCloud database of subsidy schemes by the User.

In any case, SubsidyCloud shall not be liable for indirect damages, including lost revenue, lost opportunities, reputational damage and loss of data, as a result of termination by SubsidyCloud of the Platform, Service and/or any Account or use of the Platform by a third party acting in violation of these Terms of Use.

Under no circumstances will any compensation for damage by SubsidyCloud exceed a maximum of EUR 25,000. In the event that at any time it is established in law that the limitation of SubsidyCloud’s liability referred to in the previous sentence would not stand, SubsidyCloud’s obligation to pay compensation shall in all cases be limited to the amount that is paid out in the relevant case under SubsidyCloud’s applicable insurance, plus the amount of the deductible that is to be borne by SubsidyCloud as a result of the applicable insurance contract in the case in question.

The foregoing exclusions of liability do not apply in the event of intent or deliberate recklessness on the part of SubsidyCloud (other than as indicated in these Terms of Use).

User shall indemnify and hold SubsidyCloud and/or third party(ies) engaged by it harmless from any and all liability, (financial) obligations, claims, damages, costs (including the costs of legal assistance and settlement amounts) and/or other consequences suffered or payable in connection with the violation of the provisions under 4 under paragraph b (accuracy of data), 5 under paragraphs c and d (no infringement), 7 (intellectual property rights) and 8 (privacy of third parties).

Various

All agreements concluded with SubsidyCloud are exclusively governed by Dutch law.

If a dispute cannot be settled amicably or settled in any other way, the competent court in Rotterdam has exclusive jurisdiction to hear this dispute.

If one or more provisions of these terms and conditions turn out to be null and void or voidable, this will not affect the validity of the other provisions. In the event of the nullity of one or more provisions of these terms and conditions, the parties are obliged to adopt new provisions of similar purport as far as possible to replace the invalid provisions, which reflect the intention of the invalid provisions as much as possible.

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