KTBA Holding BV General Terms and Conditions (Part A) and the General Terms and Conditions (Part G) which are incorporated into them apply to the work executed by, or offers of work from, Riskplaza B.V.
|Riskplaza The private company with limited liability Riskplaza B.V. who grants a licence to the Licence Holder for the use of the database.
|Database An electronically accessible collection of details pertaining to hazards of raw materials, semi-finished products and/or products for the food industry.
|License Holder The user of the Database.
|Parties Licence Holder and Licensor
|Permitted Use the consultation of the Database by means of the Portal on the website www.riskplaza.nl or www.riskplaza.com
|Service The Permitted Use of the Database.
|Licensing Agreement An agreement that regulates the Service between Riskplaza and the Licence Holder.
|The Foundation De Stichting Brancheoverleg Riskplaza
|Industry Representative A trade organisation that participates in the trade meeting organized by the Foundation.
|These Terms and Conditions apply to every legal relationship between Riskplaza and the Licence Holder, whether under contract or otherwise.
|Riskplaza is authorised to call in third parties for the execution of the Licensing Agreement and the obligations arising from these General Terms and Conditions.
The present Terms and Conditions also apply to all legal relationships between that third party and the Licence Holder.
|Riskplaza is authorised to make amendments to these Terms and Conditions during the term of the Licensing Agreement. Riskplaza ensures that the most recent version of the General Terms and Conditions and the effective date of the amendments will be published on Riskplaza’s website.
Riskplaza is deemed to have notified the Licence Holder of the amendments by publishing the amended General Terms and Conditions on Riskplaza’s website.
Delivery and content of the Licensing Agreement
|All quotations and offers issued by Riskplaza should be accepted immediately.
A quotation or offer shall lapse if the Service to which the quotation or offer applies has become unavailable in the meantime.
|A composite price does not oblige Riskplaza to execute part of the order for an equal part of the stated price.
Offers or quotations do not automatically apply to future agreements to be concluded with Riskplaza.
|As soon as the Licence Holder has accepted a quotation or offer from Riskplaza, the Licensing Agreement is formed.
The Licence Holder should always accept a quotation or offer electronically or in writing.
|Riskplaza hereby grants the Licence Holder a limited, non-exclusive, non-transferrable right to the Service for the term of the Licensing Agreement.
|The Licensing Agreement is concluded for the term of one (1) year.
The Licensing Agree-ment may be cancelled by Riskplaza and the Licence Holder towards the end of the term, with due observance of a notice period of one (1) month. If the Licensing Agreement is not cancelled in due time, the Licensing Agreement will be implicitly renewed by terms of one (1) year. The Licence Holder should give notice by sending an email to the email address firstname.lastname@example.org or in writing by registered letter. If Riskplaza claims that the notice of cancellation did not reach Riskplaza, or did not reach Riskplaza in due time, the Licence Hold-er should demonstrate that the notice reached Riskplaza in due time.
|Riskplaza offers the Service for the price stated on Riskplaza’s website. For the term of the agreement, Riskplaza is authorised to adjust Riskplaza’s rates once per year if costdetermining factors give cause to do so, regardless of whether that was foreseeable at the time the Licensing Agreement was concluded.
|The Licence Holder shall pay, as the fee for the Service, the price intended in paragraph 6 during the first term of one year of the Licensing Agreement and for every year the Licensing Agreement is renewed. The Licence Holder pays the fee per year.
|The Licence Holder owes the fee for the first time as of the time the Licensing Agreement comes into effect.
If the Licensing Agreement is renewed on the grounds of paragraph 3, the Licence Holder owes the fee as of the date on which the Licensing Agreement is renewed.
Use of the Database
| 1.1. Every other use of the Database other than Permitted Use of the Database is strictly prohibited. Without prejudice to the general prohibition phrased in the previous sentence, the Licence Holder and every other natural person or legal entity who has access to the Database is at least explicitly prohibited from:
a) granting or selling on sub-licenses;
b) using the Database, or allowing third parties to use it, for compiling or adding to details or data files that are used or could be used for selling, hiring, publishing or making avail-able the information contained in the Database or the personal details included in the Database;
c) using, or allowing the use of, the Database within the context of a service or product offered by the Licence Holder or a third party, unless it is explicitly permitted in these General Terms and Conditions.
disassembling, decompiling, applying reverse engineering to, altering or otherwise making changes to the Database or part of the Database without Riskplaza’s explicit, prior writ-ten consent.
|The Licence Holder is obliged to inform Riskplaza of facts and/or circumstances that could affect the correct execution of the Licensing Agreement.
|Riskplaza is not obligated to incorporate data provided by the Licence Holder into the Data-base.
The Licence Holder is authorised to request the Foundation to add to, alter or remove data from the Database. The Licence Holder is a member of the Industry Representative and addresses the Licence Holder’s request for addition, alteration or removal of data in the Data-base to the Industry Representative.
Guarantees, inspection and complaints, time limit
|Riskplaza guarantees that the data in the Database is correct and current at the time the Licence Holder uses the Service according to the status of science at that time
|The Service is provided on an “as is” basis, with the exception of the guarantee given in paragraph 1. Riskplaza does not guarantee that the Database will work in combination with, or in, the equipment the Licence Holder has chosen or uses. Riskplaza does not guarantee that the Service is suitable for the purpose for which the Licence Holder intends it. Riskplaza does not guarantee that use of the Database will prevent the hazards within the context of the manufacture, distribution, packaging, repacking or selling of raw materials, semi-finished goods or products. It is the Licence Holder’s responsibility to ensure that the raw materials, semi-finished goods or products manufactured, distributed, packaged, repacked or traded by the Licence Holder comply with the rules of public law on the prevention of the materialisation of hazards.
|Riskplaza makes the Database available to the Licence Holder for 8,500 hours per calendar year. Riskplaza is authorised to take the Database out of operation for maintenance purposes without it being a failure in the fulfilment of the Licensing Agreement. Riskplaza does not guarantee that the Database will operate faultlessly or without interruption during those 8,500 hours.
|Riskplaza does not guarantee that the data on hazards included in the Database is in accord-ance with rules of public law that are in effect outside the territory of the European Union.
|If the Licence Holder observes that the data the Licence Holder has consulted in the Data-base is not correct or current or the Licence Holder has good reason to suppose that the da-ta is not correct, the Licence Holder should immediately inform Riskplaza. If the Licence Holder does not immediately inform Riskplaza, the guarantee phrased in paragraph 1 will lapse.
|Riskplaza is authorised to collect data from Licence Holder so that Riskplaza can supply a better service to all Licence Holders. The Licence Holder is obliged to create a Riskplaza account on the website www.riskplaza.nl or www.riskplaza.com. Riskplaza is authorised to collect details, including names, email addresses, telephone numbers, etc.
|Riskplaza is authorised to store and collect details to improve the use of the Database, to maintain the Database and to protect it, for the development of new application options for the Database and for the protection of Riskplaza and the Licence Holder and to offer them to Licence Holders or third parties. Riskplaza and Riskplaza’s partners are also authorised to use the collected and stored details, to make offers, personalised or otherwise, to the Licence Holder about new services or products by Riskplaza and Riskplaza’s partners.