General terms and conditions

‍Haployee General Terms and Conditions‍

Last updated: 16-11-2024

Welcome to Haployee! By using our platform, you agree to these terms and conditions. Please read these terms carefully before using our services.

‍Article 1 - Definitions 
In these terms and conditions, the following terms are defined as follows:
1.1. Haployee: The company under Firm (VOF) located at Address: Horst 2A, 5707GX Helmond, registered with the Chamber of Commerce under number 95179933. Haployee offers an online platform that allows companies to keep track of employees' birthdays and receive personalized gift suggestions.
1.2. Buyer/User: The natural or legal person (company) who subscribes to the Haployee app to keep track of employees' birthdays and to use Haployee's services.
1.3. Subscription: The agreement whereby the buyer/user gets access to the Haployee app for the purpose of managing birthdays and receiving personalized gift suggestions. This can be done on a monthly or annual basis.
1.4. services: All products and services offered by Haployee via the Platform.
1.5. Account: The profile that the user creates on the Platform to access the services.

Article 2 - Applicability 
2.1. These terms and conditions apply to all offers, agreements, and deliveries between Haployee and the buyer/user with regard to the purchase of subscriptions and use of Haployee's services.
2.2. Deviations from these terms and conditions are only valid if agreed in writing between Haployee and the Buyer/User.
2.3. By creating an Account and using the Haployee services, the buyer/user agrees to these terms and conditions.

‍Article 3 - User account 
3.1. In order to use the services, the user must create an Account.
3.2. The user guarantees that all information provided when creating the account is accurate, complete and up to date.
3.3. The user is responsible for keeping their login details safe and for all activities that take place via their Account.
3.4. Haployee is entitled to block or terminate Accounts if the user violates these terms and conditions or applicable laws and regulations.

Article 4 - Offers and Offers 
4.1. All offers and quotes from Haployee are non-binding, unless explicitly stated otherwise.
4.2. The prices in offers and quotes do not include VAT, unless otherwise stated.

Article 5 - Conclusion of the Agreement 
5.1. The agreement is concluded as soon as the Buyer purchases a subscription and Haployee confirms this order in writing.
5.2. Haployee reserves the right to refuse orders without giving a reason.

‍Article 6 - Subscriptions, Trial Period and Cancellation 
6.1. New Users can sign up for a 30-day free trial. A paid subscription is required at the end of this period.
6.2. Subscriptions can be purchased monthly or annually:

• Monthly subscription: Cancellable per month. Without cancellation, the subscription will be renewed automatically.
• Yearly subscription: Cancellable annually. Without cancellation, the subscription will be renewed automatically. When paid annually, the user receives two months free of charge.
  6.3. Cancellation of the subscription must be made in writing or via the account settings, subject to one month's notice before the end of the current subscription period.
  6.4. Refunding already paid subscription fees is not possible. After cancellation, the buyer/user will continue to have access to the Platform until the end of the already paid subscription period.

‍Article 7 - Payment and Invoicing 
7.1. All prices listed are exclusive of VAT, unless explicitly stated otherwise.
7.2. Payments are handled via Stripe. Haployee accepts credit and debit card payments.
7.3. Payments are collected automatically based on the chosen subscription (monthly or annually).
7.4. In the event of late payment, the buyer is in default by operation of law and Haployee is entitled to charge statutory interest and collection costs.
7.5. If no payment is received after 30 days, Haployee reserves the right to suspend access to the Account until full payment has been made.

‍Article 8 - Delivery of the Service 
8.1. Haployee will endeavor to provide the agreed services, with access to the Haployee app as agreed.
8.2. Access to the app is granted as soon as subscription payment has been received and processed.

Article 9 - User's obligations 
9.1. The user will only use the Platform for legitimate and business purposes.
9.2. The User is prohibited from:

• Use the Platform in a way that may cause harm to Haployee or third parties.
• Attempting to gain unauthorized access to parts of the Platform that have not been granted access.
• Distributing viruses or other malicious software via the Platform.
  9.3. The user is responsible for the accuracy, quality and legality of the data he enters on the Platform, including employee data.

Article 10 - Privacy and Data Protection 
10.1. Haployee processes personal data in accordance with the General Data Protection Regulation (AVG) and other relevant privacy legislation.
10.2. The information of the Buyer's employees is used exclusively for the service and is only accessible to the buyer.
10.3. For more information about the processing of personal data, Haployee refers to its privacy policy, available at www.haployee.com.

‍Article 11 - Intellectual Property Rights 
11.1. All intellectual property rights relating to the Platform, including but not limited to copyrights, trademarks and database rights, are owned by Haployee or its licensors.
11.2. The User is not allowed to copy, distribute, modify or use any part of the Platform other than necessary for the intended use of the Platform without prior written permission.

Article 12 - Liability 
12.1. Haployee is only liable for direct damage, up to a maximum of the amount paid out by its insurer in the case in question.
12.2. Haployee is not liable for indirect damage, including consequential damage, loss of profit, and damage due to business interruption.
12.3. The restrictions contained in this article do not apply if the damage is due to intent or deliberate recklessness on the part of Haployee or its management staff.

‍Article 13 - Force majeure 
13.1. Haployee is not obliged to comply with any obligation if it is prevented from doing so as a result of force majeure.
13.2. Force majeure means any circumstance independent of Haployee's control that prevents the fulfillment of its obligations in whole or in part.

Article 14 - Changes to the Terms 
14.1. Haployee reserves the right to change or supplement these terms and conditions.
14.2. Changes will be announced via the Platform or by email at least 30 days before their entry into force.
14.3. If the user does not agree to the changes, he has the right to cancel the subscription until the date on which the amended terms take effect.

Article 15 - Applicable Law and Disputes 
15.1. These general terms and conditions and all agreements between Haployee and the buyer/user are governed exclusively by Dutch law.
15.2. Disputes will be submitted to the competent court at [Place to be completed], unless mandatory law designates another competent court.

By placing an order and making payment, the buyer/user agrees to these terms and conditions.