Algemene voorwaarden

24 May 2020, version: 1.1.0.

Please read these terms of use carefully before using the services offered by Scover. These terms of use set forth the legally binding terms and conditions for your use of our App, Websites and Digital menu.

Scover is an independent taste discovery platform facilitator (hereinafter “Scover”, “we” or us”), providing a platform that enables registered users (hereinafter singular “User” and plural “Users”) to discover and rate beverages via website or mobile applications.

Our address is Marconilaan 16, 5621 AA Eindhoven, The Netherlands, and the Scover platform is being developed by PTTRNS registered under Trade Register number 75254158 and VAT number NL860209957B01, and partners. Scover can be contacted via fons@scover.nl

These general terms and conditions (hereafter referred to as “Terms”) apply between Scover and the User for all use of our websites, www.scover.nl (hereinafter “Web”), our digital menu provided to the catering industry (hereinafter “Digital menu”) and all use of our application for mobile devices (hereinafter “Scover App”). By using the functionalities of the Scover App, website and/or Digital menu (hereinafter collectively called the “Solutions”), the User agrees with the terms and conditions described in these Terms for using our Solutions as described herein, and as may be amended from time to time by us.

1. Scope of terms

Scover has created Solutions that enable Users to find and rate beverages from various third-party vendors and at various outlets such as retail and restaurants.

In order to use our Solutions, the User must either sign in using a third-party application log-in, e.g. Facebook, Apple ID, or fill out a form and create a profile without a third-party application log-in.

Please note, that the User may use our Solutions without signing up, in which case we will only be collected data based on your consent to our cookie policy that you may find here.

When registering via our online Solutions, the User provide us with certain information, including email, password, username, name, country of origin, preferred language. When registering and signing in via third-party application login (such as Facebook), and the User authorise us to access certain account information from that third-party application, such as basic profile information; name, profile picture, e-mail address (optional), current city (optional). Some of this information will never be made public, such as password. Other information can be either hidden by default (email address, country of origin) or public by default (name and profile picture if third party application sign up). Geolocation will not be disclosed, but the User has the possibility to reveal its location when searching beverages. The User can manage the visibility of this information under Profile Settings.

After registration to the Solutions, Users will then be introduced to as series of questions and functions that help Scover recommend beverages.

By accepting these Terms, the User acknowledges that he has read, understood and accepted to be bound by all other related terms and agreements with Scover, such as our privacy policy.

The Scover Solutions are intended for use by adults of legal drinking age in the jurisdiction in which you reside. If we receive notice or reasonably believe that someone under the legal drinking age has provided us with personal information, we will promptly delete the account and all personal information that has been provided to us.

2. Scover as solutions provider

The User is aware that use of the Solutions is without any responsibility for Scover, as Scover is only providing the platform as a service to enable Users to rate, search and get recommendations on beverages to buy drinks from various third-party vendors.

Scover is a Solutions provider only, and we are not obliged to provide any background check or qualification and no approval procedure, system or process towards the Users and/or the content of the Solutions.

In no event shall Scover be liable (directly or indirectly) for any losses and damages resulting from communications between Users and with possible third-party vendors.

3. The User’s obligations

The User must at all times:

  • Provide Scover with correct account information of name, address and e-mail address, etc.

  • Respect and comply with these Terms.

  • Avoid posting personal data concerning itself or other, including especially special categories of data (such as information about a person’s health, addictions or allergies) or transmitting any content that is offensive, inappropriate or illegal, or otherwise in conflict with these Terms.

  • Avoid posting any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

Failure to comply with the above may resolve in our deactivation of User account and/or banishment from the Solutions and/or the functionalities with any notice or without notice at the sole discretion of Scover.

Using the Solutions, the App or some of the functionalities may be prohibited or restricted in certain countries. The User is responsible for complying with the laws and regulations of the territory from which the Solutions is accessed or used.

4. Solution functionalities

In order to gain access to the functionalities of the Solutions, the User has to sign up and register as a User of the Solutions.

The User is solely responsible for any content, posting pictures and information made available on the Solutions and the public.

The User solely is responsible for all interactions with other Users or other third-party vendors in connection with the Solutions.

5. Rights in User Content

We do not claim any ownership interest in User generated content.

However, by uploading, posting or submitting User content to the Site or to our pages or feeds on third party social media platforms (e.g., Scover’s Facebook page, Instagram, LinkedIn page or Twitter feed), the User hereby grants Scover a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, Scover will only share personal information that Users provide in accordance with our Privacy Policy.

Users acknowledge and agree that Scover may disclose or use any User content that are transmitted for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Scover, its customers or the public.

6. Maintenance and support

The User is responsible for installing any available updates to the Scover App. We have no responsibility for incidents due to missing updates, or otherwise.

7. Scover’s Warranty

We do not provide any warranty unless specific and expressly stated. Third-party terms may include applicable disclaimers. Scover underlines that it offers no warranty, explicit or implied, regarding accuracy of any recommendation or information regarding the beverages.

8. Liability limitation

Due to the nature of the services provided, in general no liability incurs with Scover, as any potential liability lies with the Users.

If in extraordinary cases Scover should be liable, such liability is limited in the following ways:

  • no indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc.;

  • damages are under any circumstances limited to Euro 100,-;

  • only claims based on gross negligence or intent of Scover can be filed.

Scover is never liable for errors on the Solutions, or underlying software, the services or any information provided by Users. The Solutions and all its functionalities are provided to the User “as is”.

The limitations and exclusions in this section (Liability limitation) apply to the maximum extent permitted by applicable law.

9. Duration and Termination

These Terms are in force for as long as the Users account is active.

Scover is entitled to terminate a user account immediately if the User violates the regulations of these Terms.

Scover’s rights to user content shall not be affected by the termination of the Terms or a user account.

Termination of a user account does not relieve you from any obligation under any other agreement that has not been specifically terminated, such as the Terms or Privacy Policy.

10. Modifications to the Terms

Scover reserves the right to change these Terms from time to time at our sole discretion. When we change these Terms in a significant way, we will notify Users by sending out an e-mail along with the updated Terms.  Users are bound by any changes to the Terms when using the Solutions after changes have been posted.

 

11. Miscellaneous

If a clause in the Terms is not enforceable, the unenforceability of that clause will not affect any other sections of the Terms.

12. Governing Law & Jurisdiction

This Agreement is governed by Dutch law. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to this Agreement will be the courts located in Den Bosch, the Netherlands.

If you have any questions regarding your privacy, please read our privacy policy