Please review these terms carefully. Instead of traditional paper based communications, by signing up or using our web application E-plano, you agree to transact with and receive notices from us electronically, and you consent to the information practices disclosed in our Privacy Policy. You may also wish to print this agreement for your future reference.

General

In these Terms of Service, (a) ”we”, “us”, “our”, “E-plano” mean “The Company” and (b) “you”, “your”, “yours”, “member”, “subscriber”, “account holder”, “user”, “customer” mean each person or organisation who uses the web application E-plano. The web application E-plano (“Service”) is owned and operated by Bleijenbergh Property Management BV registered in The Netherlands (the "Company") and is provided to you ("Customer") under the terms and conditions of these Terms of Service and any operating rules and policies that may be published by the Company. These Terms of Service comprise the entire agreement between the Customer and the Company and supersedes all prior agreements between the parties regarding the subject matter contained herein.

The Company provides the web application E-plano, including the demo version of the same web application, subject to your compliance with the terms and conditions listed below. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by the Company as permitted above. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease all use of the Service.

Amendment

The Company reserves the right, at its discretion, to change or modify any or all parts of this agreement at any time, effective immediately upon notice published on the E-Plano web site. Except as otherwise required by law, rule, or regulation, the Company may change the terms (including the membership fees) from time to time and at any time. The Company will update the agreement on the E-plano Website on or before the effective date of the change, unless the change must be made before we can update the agreement in order to maintain the security of the system or unless a law, rule or regulation requires that the change be made at an earlier time.  If such a change is made, and it cannot be disclosed without jeopardizing the security of our system, this agreement will be updated within thirty (30) days after the change. You may choose to accept or decline changes by continuing or discontinuing to use the Services. Your continued use of the Services shall constitute your acceptance of the amended agreement. 

Certain services or features may be subject to additional rules, guidelines and terms that will supplement this agreement. You will be presented with the supplemental terms, if any, at the time you set up or register for such features.

User Rights

With the membership the Company grants to you non-exclusive, non-transferable rights to use the web application E-plano. The company may also grant temporary access to the demo version of the web application E-plano to potential customers. The Customer's right to use the Service is personal to the Customer. The Customer may be an individual, a corporation, or other legal entity. The Customer agrees not to resell or make any commercial use of the Service without the express consent of the Company.

You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work from, transfer or sell any information, software, products obtained from E-plano without prior written consent of the Company. You may not resell or redistribute the Software without prior written permission from the Company. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Service or create derivative works based on the Service unless you have purchased source code directly from the Company.

As a condition of your membership, you will not use the Company for any purpose that is unlawful or prohibited by these terms, conditions and notices.  You may not use the Company in any manner which could damage, disable, overburden, or impair the Company website or interfere with any other party's use and enjoyment of the web application E-plano.  You may not attempt to gain unauthorized access to the Company, any related website, other accounts, computer systems or networks connected to the Company, through hacking, Password mining or any other means. 

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Company. Your access to the web application E-plano may be terminated immediately, with or without notice from the Company, if you fail to comply with any provisions of these terms and conditions.

Endorsement

Neither the name E-Plano nor the names of its contributors may be used to endorse or promote products derived from this Service without specific prior written permission.

Copyright Information

The content of the web application E-plano is for your personal use only. All logos, Service marks, trade names and trademarks contained within this site are the sole property of the Company. Use of such trademarks without express written permission of the Company is prohibited. Use of any third party logos, trademarks, etc. that appear on this site is also prohibited without the consent of the owner of any such items.

All of the content on the Company web site (www,e-plano,com) is protected by copyright. Its use for any commercial purpose or other public purpose is strictly prohibited and could be punishable by law. The customer acknowledges that content, including but not limited to text, software, graphics, domain names, or other material presented to the Customer as part of the Service, including the demo version (demo,e-plano,com) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, the Customer is only permitted to use this content as expressly authorized by the Company. The Customer may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Company.

Limitation of Liability and Disclaimer of Warranty

The customer expressly agrees that use of the service is at the customer's sole risk. The web application E-plano is provided by the Company "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed.

The service is provided on an "as available" basis. The Company agrees to make reasonable efforts to ensure full performance of the Web application E-plano. The Service is intended to be available on a 24/7/365 basis but due to maintenance, or for other unexpected reasons, there may be shorts periods of unavailability.

The Customer expressly agrees that the entire risk as to the quality and performance of the service, including but not limited to the software, supporting documentation, the express or implied recommendations or advice offered by the Company or its agents (whether through the website, email, or otherwise), and the accuracy or completeness of any and all claims by the Company (whether through the website, email, supporting documentation, user manuals, installation guides or otherwise) is assumed by you.

Neither the Company, its agents, employees nor any third party content provider or contributor or its agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use any and all products or services offered by or through the Company.

We expressly disclaim any warranties of any kind, whether express or implied. We make no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.

The Company is not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet Service Provider or caused by any browser software. Any information you receive from the Company can only be provided on a best-effort basis for your convenience and is not guaranteed.

The Company is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information. The Company is not responsible for any computer virus or related problems that may be attributable to the Web application E-plano or any Services provided by any Internet Services Provider. In the absence of negligence on the part of the Company, none of the Company, any of its affiliates or any of their respective officers, directors, employees or agents, is responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of the Web application E-plano. In no case shall the Company be liable for consequential or incidental damages.

The Company is not liable to you for damages, including, but not limited to, indirect, consequential, incidental, special, or punitive arising from your use of this Service, or in connection with any failure of performance due to any defect, delay, Service interruption, or performance failure by any third party, even though the Company may be aware of the possibility of such damages. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses.

The Company and/or its respective licensors, affiliates and suppliers shall not be liable for any direct, indirect, incidental, special or consequential damage resulting from the use of the service or the inability to use the service or for cost of procurement of substitute services or resulting from unauthorized use of the customer's account or account information or data, including but not limited to, damages for loss of profits, use, data or other intangible.

In no event shall we be liable for any damages, losses or liabilities including without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities, in connection with your use of the site or your reliance on or use or inability to use the information, materials, products and services on the site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if you advise us of the possibility of such damages, losses or expenses. In no event shall the Company be liable for damages including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this application.

The company makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the web application E-plano.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If this limitation of liability or the exclusion of warranty set forth above is held inapplicable for any reason, then the Company’s maximum liability for any type of damages shall be limited to your annual membership fee. 

Available Services

Not all services, or all functions of the web application E-plano, are available all the time.  In addition to the current features new functions may be added from time to time.  Also, we may modify the features or functions of the web application E-plano from time to time. Any new modified, features or functions will be posted on the Company website. We reserve the right to modify or discontinue the Service with or without prior notice to Customer. We shall not be liable to Customer or any third party should we exercise our right to modify or discontinue the Service.

Data Entry Service Limitations

Upon mutual agreement, the Company may perform data entry tasks on behalf of members into the web application E-plano database.  Upon such agreement, members are financially obligated to reimburse the Company the agreed upon price for such Service. When contracted to create a database of rooms (or other units) in the web application E-plano for members, the Company will enter the by the member provided data. Members may customize the detailed data entered by the Company, but may not require the Company to perform such customisation as a condition of acceptance. The Company assumes no responsibility for subsequent data modifications members make on data originally entered by the Company.

Customer Support Limitations

After members are granted access to the web application E-plano and all rooms (or other units) have been entered into the database, members shall be limited to a total of three (3) hours of phone contacts per subscription year with the Company.  Members are not limited in the number of contacts initiated via email.

Technical Requirements

To access the web application E-plano, you must have a computer with access to the Internet, and a software product that is compatible with the E-plano website and allows you to browse the Internet through an Internet Service Provider. It is your responsibility to maintain, at your expense, your equipment, browser software and access to the Internet. 

Computer & Browser Software

You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We are not responsible for errors or failures from any malfunction of your Equipment or Software or for any computer virus, worms, Trojan horses or other similar harmful components that may affect or cause damage to your equipment or software that may result, directly or indirectly, from your use of the web application E-plano or to provide maintenance or support for any equipment or software. We reserve the right to update, terminate, discontinue or change the equipment or browser software necessary to access the web application E-plano.

Equipment

The Company does not guarantee (a) that you will be able to access or use the Company internet services at all times or locations of your choosing or (b) as to the security of your internet connection or that third parties will not gain unauthorized access to your computer(s).

Access to the Internet

You must provide at your own expense the equipment and Internet connections that you will need to access and use the Company’s Web application E-plano. If you access the Service through a telephone line, please call your local phone Company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Service through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other Services that require the use of airtime and wireless data Services. Check with your carrier to verify whether there are any such fees that may apply to you.

The Company is not liable or responsible for any loss or other damage, whether direct or indirect, that you suffer as a result of your telephone service, cable service, or electric service being disconnected, interrupted, or otherwise unavailable; for deficiencies in the quality or speed of your connection; for any defect in the modem or computer you use to connect to the internet; for any problems with the service quality provided by the service provider you use to connect to the internet; or for any problems with internet capacity. The Company is not responsible for any damage to the equipment you use to connect to the Internet, or for any other property damage resulting from the use of the Company’s Web application E-plano. 

Your User ID and Password

|To gain access to the web application E-plano, you will need a User ID and a Password. Your User ID and Password will either be selected by you upon enrolment or will be supplied to you by us.  You can change your User ID and/or Password on-line at any time. We recommend that you change any User ID and Password we provide to you. You agree to keep all Access Codes confidential to prevent unauthorized access to your accounts and use of the web application E-plano.  For reasons of security, we may cancel your User ID and/or Password at any time without notice.  All electronic communications and instructions using these Access Codes will be deemed to be valid and authentic and we may act on such communications and instructions. You also agree that those electronic communications will be given the same legal effect as written and signed paper communications.

You are responsible for keeping your user name and Password confidential. You are responsible for all activities on your account if you give access to your account information to other persons. You may wish to avoid saving your Password on your computer’s hard drive to prevent someone who may gain access to your computer from being able to gain access to your accounts via the Internet. You may also wish to use a unique user name and Password combination for your account.

Please note that the Company will never ask you for your Password.

Unauthorized Use

You agree to keep your User ID and Password secure and strictly confidential, providing it only to those you authorize.  If you believe your User ID and/or Password may have become known to any unauthorized person, you must notify the Company immediately and select a new User ID and/or Password. 

When you give someone your User ID and Password, you are authorizing that person to use your account, and you are responsible for all transactions that person performs while using your account. All transactions that person performs even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.

For your protection, sign off after every online session and close your browser to ensure confidentiality. Do not leave your PC unattended while you are in the Web application E-plano. Never leave your account information within range of others, and do not send privileged account information (User ID and Password) in any public or general e-mail system.

You may have to bear the loss of data entered into the web application E-plano in any transaction or series of transactions initiated by using the User ID and you could lose all the data in your account. How much of the loss you will have to bear will depend on when we are given a notice that your User ID has been lost or stolen or are given a notice, or become aware of circumstances, indicating that a transaction through the web application E-plano involving any of your accounts has been or may be initiated by using your User ID without your authorization.

Verification of Identity

When you register for the Service, you agree to provide true, accurate, current and complete information about yourself and your organisation (commercial or non-commercial) and you agree to not misrepresent your identity or company information.

Membership Fees

In consideration of this Service, Customer agrees to: (1) pay Company an account set-up fee; (2) pay on a monthly basis for the use of the web application E-plano; (3) other usage fees depending on which services you use. The current list of those fees can be requested by sending an email to help (at) e-plano.com.

The Company shall notify the Customer of any change of service rates. Company may waive any portion of the service fee as part of a promotion or discount. Unless prior written arrangement has been made between Customer and the Company, Customer shall be billed in advance for use of Service, with a invoicing period as indicated in the account, and with bills being due within 14 days of posting.

The fees are subject to change from time to time. Any fees for the Services are in addition to the fees applicable. We may suspend or cancel your access to the web application E-plano at any time without prior notice if you do not timely pay these fees. After cancellation, you must contact the Company by e-mail if you wish to re-establish the Services.

Cancellation

You may cancel your membership to the web application E-plano by contacting us via email, or by writing to the Company. Cancellations received more than seven calendar days (7) after the registration date are not entitled to a refund of any kind.

If you are dissatisfied with any portion of the Company, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the web application E-plano. The Company does not return to you any unused prorate portion of your annual subscription. Upon termination, members are entitled to no refund of fees paid for set-up or data entry Services.

We reserve the right to terminate your access to or use of this web application E-plano, or any portion thereof, without notice and without limitation, for any reason, including a violation of the conditions and restrictions in this agreement or any other applicable agreement. The Company shall have no liability to you for such termination.

Either the Customer or the Company may terminate the Service with or without cause at any time and effective immediately and without prior notice. Termination shall be accompanied by a written or email notice to the other party. Notices of termination initiated by Customer and sent via email shall be addressed to help (at) e-plano.com.

Should the Customer object to any terms and conditions of these Terms of Service or any subsequent modifications hereto or become dissatisfied with the Service in any way, Customer's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify the Company of termination.

Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no right and the Company shall have no obligation thereafter to access the web application E-plano. Customer remains liable for charges accrued in the current year up to and including the day of termination, and for any outstanding charges from previous periods.

Assignability

You may not assign your rights under this agreement to any other party without our express written consent. We may assign our rights and responsibilities under the agreement without prior notice to you.

Severability

If any part or parts of this agreement are found to be invalid by a change in any applicable law or through any legal proceeding, it will not alter or affect the validity of any of the remaining parts of the agreement, which will remain in full force and effect.

Waiver

A waiver by the Company or you of any right(s) under this agreement will not act as a continuing waiver of any future right or obligation. We may waive, or delay exercising, any of our rights under this agreement without notifying you.  Such waiver or delay will not affect any other rights we may have.  The waiving of any of our rights on any occasion shall not be deemed to be a waiver of such right in the future.

Use of Customer Company Name

The Company has the right to use the (company) names of their customers for marketing or promotional purposes. The Company will provide customers with an opportunity to decline this right, when this is requested from customer by e-mail: admin (at) e-plano.com

Errors or Questions

In case of errors or questions about the Services, please contact us as soon as possible, by e-mail: admin (at) e-plano.com

Laws

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands. The Customer and the Company agree to submit to the exclusive jurisdiction of the Netherlands.

If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

The Customer and the Company agree that any cause of action arising out of or related to this Service must filed in the court of the Hague in the Netherlands within two (2) months after the cause of action; otherwise it is agreed that such cause of action is permanently waived and the parties charged shall be forever released of all liability.

The section titles of these Terms of Service are solely used for convenience of the parties and have no legal or contractual significance.

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