Terms of Use PLTFRM Marketplace, MyPLTFRM and PLTFoRuM

These Terms of Use apply to the use of PLTFRM Marketplace, MyPLTFRM and PLTFoRuM ("Platform") and all data, information and services offered via the Platform ("Services").

Article 1 Definitions

a. (PLTFRM) PLTFRM B.V. has its registered office in Utrecht and is listed in the trade register of the Chamber of Commerce under number 82272468;

b. (User) the natural person acting in the course of practising a profession or running a business and/or the legal entity running a business;

c. (General Terms and Conditions) the general terms and conditions of PLTFRM (which can be consulted at: www.pltfrm.nl/conditions).

d. (Article) an article from these Terms of Use;

e. (Terms of Use) the Terms of Use of our Platform;

f. (Platform) The technical infrastructure and the set of possibilities for use (MyPLTFRM, PLTFRM Marketplace, PLTFoRuM) offered by PLTFRM in connection with the Service via a web page and/or a (mobile) application.

g. (Service) The Service in connection with the Platform consists of the fact that the User:

  • Access to the PLTFRM Marketplace to view, compare and use suppliers and IT services to build an ecosystem.
  • Access to the MyPLTFRM environment to:
    - Manage their own user account,
    - Manage your own organisation,
    - Collaborate within an ecosystem to successfully consume or deliver IT services,
    - Gain insight into the status of ecosystems, agreements, scope and KPI's
  • Access to PLTFoRuM for knowledge sharing with other users of PLTFRM and to read, listen and share relevant information;

h. (Profile) The user profile of the User;

i. (Data) The data as described in Article 3 of these Terms of Use;

j. (AVG) The Regulation (EU) 2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)

k. (Data Subject) an identified or identifiable natural person to whom a Personal Data relates

l. (Personal Data) any information relating to an identified or identifiable natural person ("the 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

m. (Processing) an operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic 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, blocking, erasure or destruction

n. (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;

o. (Processor) a natural or legal person, a government agency, a service or another body that processes personal data on behalf of the Controller.

Article 2 Bound by conditions

  1. By using the Platform, the User declares to have read and agreed to these Terms of Use, the Processing Agreement and PLTFRM's Cookie Policy.
    a. PLTFRM's Terms of Use can be consulted, downloaded and printed at www.pltfrm.nl/agreement,
    b. PLTFRM's Processing Agreement can be consulted, downloaded and printed at www.pltfrm.nl/dpa,
    c. PLTFRM's cookie policy can be consulted, downloaded and printed out at www.pltfrm.nl/cookies.
  2. If the Platform makes use of the services of third parties, the general terms and conditions and the data processing and cookie policy of the third parties in question also apply.
  3. PLTFRM is not responsible for the services and data processing and cookie policies of third parties.
  4. PLTFRM is entitled to unilaterally amend the terms and conditions of the portals in the interim, whereupon the new terms and conditions will apply to use of the Platform and the Service, either immediately or after a period set by the Chamber of Commerce.

Article 3 Creating a Profile

  1. Before the User can make use of the Service, as referred to in Article 1(g), the User must first register a Profile in accordance with the steps indicated by PLTFRM. Next, the User must be linked to a Company Profile.
  2. The following data shall be included in the User and Company Profiles:
    a. user data such as first and last name and user name;
    b. contact details such as telephone number, e-mail address;
    c. company information such as company name, business address, contact details, company logo, business activities, countries in which the company is active and the company website;
    d. IT managed services Information such as the IT services that the partners provide and customers purchase.
  3. The Profile may not be deleted until the User makes a written request to this effect.

Article 4 Use of the PLTFRM

  1. PLTFRM makes the use of the Platform available to the User. The User's right of use does not extend to the source code of the Platform, and is non-transferable and non-sublicensable.
  2. A User is only allowed to use the Data within the framework of the Service.
  3. The User is not allowed to consult the Platform (or the Data) in an automated manner or to have it consulted, scrapped, crawled or spidered, or to have it consulted or collected in any other automated manner than described above. Furthermore, the User is not allowed to export Data of other Users or other information from the Platform (except in the ways offered by PLTFRM), or to access the Platform with other technology or software. It is also not permitted to bypass or remove technical safeguards or enable others to do so.
  4. Furthermore, a User is not allowed to use the Platform:
    a. for any unlawful purpose (including 'phishing' and spam);
    b. in such a way that the functionality of the Platform is damaged;
    c. for the distribution, sending or uploading of computer viruses or other harmful files or programmes;
    d. to distribute, transmit or upload material which is misleading, defamatory, abusive, violent, obscene, discriminatory, racist or threatening in nature or which may, for any other reason, cause annoyance, inconvenience or unnecessary distress
    e. in a way that infringes or violates the rights of any natural or legal person;
    f. in a way that is detrimental to PLTFRM's reputation.

Article 5 Availability

  1. Although PLTFRM aims to make the Platform as available as possible, it may happen that the Platform is interrupted, for example due to planned maintenance work or upgrades, emergency repairs or telecommunication connections and/or Equipment being down. PLTFRM does not warrant that the Platform will operate without interruption, errors or defects or that all errors and defects will be corrected at all times.
  2. PLTFRM reserves the right to remove the Profile from the Platform for any reason and without prior notice.
  3. In the event of an infringement or alleged/possible infringement of the (intellectual property) rights of third parties as a result of the Platform, PLTFRM is entitled to replace or amend the Platform in such a way as to remove the (possible) infringement. In this case PLTFRM is entitled to temporarily suspend its functionality.
  4. PLTFRM is not liable for any damage (including loss of earnings / business interruption / loss of data) arising from the limited or no availability or change of the Platform and/or Profile. This restriction does not apply in the case of intent or deliberate recklessness on the part of PLTFRM (other than as indicated above).

Article 6 Intellectual property rights

  1. All copyrights, trademarks, database rights and all other intellectual property rights to the information offered via the Service are vested in PLTFRM or in the relevant User who has contributed the content.
  2. The User does not acquire any licence to use these intellectual property rights, either within the framework of the Service or outside it (subject to mandatory statutory provisions). Information from the Platform may not be used for any other purpose, including reproduction, publication, retrieval or reuse, without the prior written permission of PLTFRM or the User who submitted the content.

Article 7 Privacy

  1. In connection with the Service/Platform, the User grants PLTFRM permission to process the Profile for acceptance into the system.
  2. PLTFRM will not export the User's personal data to other files for purposes other than the use of the Platform and the Service.
  3. User agrees that other registered Users may view User's Profile and use it to connect with each other and share messages and knowledge.
  4. Under no circumstances will User use or misuse the personal data of other Users without explicit consent.
  5. PLTFRM may make use of these contact options in the context of the Service at any time, for example in connection with maintenance work and the (de)blocking of a Profile.
  6. Personal data will be processed in accordance with PLTFRM's Processing Agreement and the AVG. The user declares to have read PLTFRM's Processing Agreement and to have taken note of its contents.
  7. User is responsible for the correctness and completeness of the personal and/or company data provided by User or other data that contribute to a correct representation of the User's Profile on the Platform.

Article 8 De-activation and end of Service

  1. The User is entitled to terminate the Profile at any time in the manner indicated by PLTFRM.
  2. PLTFRM is entitled to temporarily deactivate or terminate the profile of the User in question immediately, or to delete certain Data:
    a. if PLTFRM has indications that a User is (has been) using the Platform in violation of Article 4 or is otherwise acting in an undesirable manner;
    b. if the User otherwise acts contrary to the Terms of Use concerning the Service.
  3. In deviation from PLTFRM's Processing Agreement, the personal data of Participants will be deleted upon deactivation or termination of the Service and the deletion of the User's Profile at the User's request within two months of the deactivation or termination of the Service or the aforementioned request by the User.
  4. PLTFRM is entitled to terminate the Service at any time and to cease offering the Platform.

Article 9 Liability

  1. PLTFRM regulates communication between Users in part. PLTFRM therefore does not have complete control over the quality, security, legality, integrity or correctness of information generated by Users. Therefore PLTFRM does not accept any liability for the content of communications and/or information available in the Platform that does not originate from PLTFRM.
  2. PLTFRM accepts no liability for any damage resulting from the use of the Platform, including, but not limited to, damage resulting from out-of-date or incorrect information (from one's own Profile or that of another User), or from contact and/or cooperation with another User.
  3. PLTFRM is in no way liable for indirect damage, including loss of earnings, missed opportunities, damage to reputation and loss of data, as a result of termination by PLTFRM of the Platform, Service and/or any Profile, or use of the Platform by a third party acting in contravention of these Terms of Use.
  4. Under no circumstances will any compensation for damage by PLTFRM amount to more than the maximum amount that is paid out in the relevant case under PLTFRM's applicable insurance policy, plus the amount of the excess that is payable by PLTFRM in the relevant case pursuant to the applicable insurance agreement.
  5. The above exclusions of liability do not apply in the case of intent or wilful recklessness on the part of PLTFRM (other than as indicated in these Terms of Use).
  6. User will indemnify PLTFRM and/or any third parties engaged by it and hold them harmless from any and all liability, obligations (financial or otherwise), claims, damage, costs (including the costs of legal assistance and settlement amounts) and/or other consequences suffered or owed in connection with violation of the provisions of Article 3 (accuracy of data), Article 4(3) and (4) (no infringement), Article 6 (intellectual property rights) and Article 7 (privacy of third parties).

Article 10 Applicable law and competent court

  1. The Terms of Use and any disputes arising from them shall be governed by Dutch law.
  2. To the extent not otherwise prescribed by mandatory law, all disputes relating to the Terms of  Use shall be submitted to the competent court of the District Court of Midden-Nederland, in Utrecht.

Article 11 Annulment or nullity

If one or more provisions of these Terms of Use are void or voidable, this will not affect the validity of the remaining provisions. In the event that one or more provisions of these Terms of Use are void or voidable, the parties will be obliged to adopt new provisions to replace the provisions declared invalid, which will have a similar purport as far as possible and which will reflect the intention of the provisions declared invalid.