The services "Aventable", "Aventable Organizers CP", "Aventable app" are offered over the internet in the form of Software-as-a- Service by the company Aventable. The use of Aventable is subject to the below terms and conditions. Using Aventable constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Aventable.
1.1 With Aventable Organizers CP, you can create a event app. After publication, it can be consulted by the Aventable app.
1.2 To use Aventable Organizers CP, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Aventable may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Aventable that someone else knows your password.
2.1 It is not permitted to use Aventable for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2 In particular, it is forbidden to use Aventable for distributing files in violation of relevant copyright legislation. It is also expressly forbidden to publish the login details of your account. In the case of a business account, this last prohibition does not apply to colleagues.
2.3 In addition, it is prohibited at Aventable: to use indecent language; Violate the privacy of third parties, for example by distributing personal data from third parties without permission or necessity or by repeatedly harassing third parties with undesirable communication; and furthermore to do all that is contrary to netiquette.
2.4. Should Aventable discover that you violate any of the above, or receive a complaint alleging the same, then Aventable may intervene to end the violation.
2.5 If in the opinion of Aventable the continued functioning of the computer systems or network of Aventable or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Aventable may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.6 Aventable is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
3.1. Aventable uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Aventable actively maintains Aventable. In case maintenance is reasonably expected to negatively impact availability, Aventable carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. Aventable may from time to time adapt Aventable. Your feedback and suggestions are welcome but ultimately Aventable decides which adaptations to carry out (or not).
4.1. The service Aventable, the accompanying software as well as all information and images on the website is the intellectual property of Aventable. None of these items may be copied or used without prior written permission of Aventable, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Aventable receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Aventable, for example a bug report or suggestion for improvement, you grant Aventable a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Aventable shall refrain from accessing data you store or transfer using Aventable, unless this is necessary for a good provision of the service or Aventable is forced to do so by law or order of competent authority. In these cases Aventable shall use its best efforts to limit access to the information as much as possible.
5.1. The use of Aventable is paid for by spending APLs for each event you publish, as documented further on the website. APLs must be purchased in advance.
5.2. Payment is possible via iDeal online payment, by creditcard, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
5.4. APLs are not refunded.
6.1. Except in case of intentional misconduct or gross negligence the liability of Aventable shall be limited to the amount of credits spent by you in the three months prior to the moment the cause of the damage occurred.
6.2. Aventable in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Aventable at most two months after discovery.
6.4. In case of force majeure Aventable is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. Aventable is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Aventable shall first send a reminder mail to the e-mail address connected to your account.
7.4. Please note: it is not possible to export data you store or process using the service.
8.1. Aventable may change or add to these terms and conditions as well as any prices at any time.
8.2. Aventable shall announce through the service changes or additions at least thirty days before their taking effect. Price changes shall not apply to already-purchased APLs.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Aventable after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Aventable shall be brought before the competent Dutch court for the principal place of business of Aventable.
9.3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Aventable service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Aventable shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Aventable is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Aventable or the associated business activities.