The service “HACCP live” is offered to you via the internet as a Software-as-a-Service by the company The HACCP Company. The following conditions apply to the use of HACCP live. By using HACCP live, you agree to this.
Part of these conditions is a Processor Agreement between you as a Controller and The HACCP Company as a Processor. This agreement will be shown to you separately on the next screen.
Deviations from these conditions and the processor agreement are only binding if they have been accepted in writing by HACCP tool BV.
1. Use of the service
1.1. The HACCP live service is offered for the automation of registration, monitoring and alerting of food safety-related information within your company, using the tools available via HACCP live. You decide how you use the tools and for which specific purposes.
1.2. To use HACCP live, you must first register. Once your registration has been completed, you can immediately log into your account and use the service.
1.3. You must prevent unauthorized access to your account using the username and password. In particular, you must keep the password strictly confidential. The HACCP Company may assume that everything that happens from your account after registration with your username and password, is done under your direction and supervision. You are therefore liable for all these actions, unless you have reported to The HACCP Company that someone else knows your password.
1.4. With HACCP live you process personal data. The HACCP Company acts as a processor within the meaning of the General Data Protection Regulation; you are responsible. You indemnify The HACCP Company against all claims of data subjects under this law.
2. Usage rules
2.1 It is forbidden to use HACCP live for actions that are contrary to Dutch or other applicable laws and regulations. This includes storing or disseminating information that is defamatory, defamatory or racist through the service.
2.2 In particular, it is forbidden to use HACCP live in such a way that nuisance or nuisance is caused to other users. This includes the use of proprietary scripts or programs for uploading or downloading large amounts of data, or making calls to the service excessively often.
2.3 If The HACCP Company finds that you violate the above conditions, or receive a complaint,The HACCP Company may intervene itself to end the violation.
2.4 If in the opinion of The HACCP Company nuisance, damage or other danger arises for the functioning of the computer systems or the network of The HACCP Company or third parties and / or services via the internet, in particular due to excessive sending of e-mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, The HACCP Company is entitled to take all measures that it deems reasonably necessary to avert or prevent this danger.
2.6 The HACCP Company can recover the damage caused by violations of these rules of conduct. You indemnify The HACCP Company against all third-party claims that relate to damage as a result of a violation of these user rules.
3. Availability and maintenance
3.1 The HACCP Company guarantees that the service is available 99.9% of the time.
3.2 The HACCP Company actively maintains HACCP live. If maintenance is expected to lead to a limitation of availability,The HACCP Company will perform this during the night hours (between 11 p.m. and 7 p.m. CET). Maintenance is announced in advance if possible. Maintenance in connection with calamities can take place at any time and is not announced in advance.
3.3 The HACCP Company may adjust the functionality of HACCP live from time to time. In addition, your feedback and suggestions are welcome, but ultimately The HACCP Company decides for itself which changes it will implement or not.
4. Intellectual property
4.1 The HACCP live service, the associated software as well as all information and images on the website is the intellectual property of The HACCP Company or its shareholders. These may not be copied or used in any way without separate written permission fromThe HACCP Company, except in cases where this is permitted by law.
4.2 Information that you store or process through the service is and remains your property (or that of your suppliers). The HACCP Company has a limited user right to use this information for the service, including for future aspects thereof. You can revoke this right of use by removing the relevant information and / or terminating the agreement.
4.3 If you send information to The HACCP Company, for example feedback about an error or a suggestion for improvement, you give it an unlimited and perpetual user right to use this information for the service. This does not apply to information that you explicitly mark as confidential.
4.4 The HACCP Company will not take note of data that you store and / or distribute via HACCP live, unless this is necessary for a good service or The HACCP Company is obliged to do so by virtue of a legal provision or court order. In that case, The HACCP Company will endeavor to limit the knowledge of the data as much as possible, insofar as this is within its power.
5. Remuneration for the service
5.1. The use of HACCP live is subject to a fee for the use of certain functionality. You will be informed of the costs with the relevant functionalities. The fee is payable annually and in advance.
5.2. Payment can be made via direct debit, via iDeal payment, via credit card, via PayPal, or according to the payment instructions on the website.
5.3. Because the service is delivered directly, and at your explicit request, it is not possible to cancel a payment by invoking the Distance Selling Act.
6.1 Except in the case of intent or gross negligence, the liability of The HACCP Company is limited to the amount that you have paid in the three months prior to the time of the event giving rise to the damage.
6.2 The HACCP Company is explicitly not liable for indirect damage, consequential damage, lost profit, lost savings and damage due to business interruption.
6.3 A condition for the existence of any right to compensation is that you report the damage in writing to The HACCP Company no later than two months after discovery.
6.4 In the event of force majeure, The HACCP Company is never obliged to pay compensation for the damage caused to you as a result. Force majeure includes disruptions or failures of the internet, the telecommunications infrastructure, power failures, internal unrest, mobilization, war, obstruction in transport, strike, exclusion, business disruptions, stagnation in supply, fire and flooding.
7. Duration and cancellation
7.1 This agreement starts the first time you use the service and then runs for a year.
7.2 After this period, the agreement will be tacitly extended with always the same period. Business customers can always cancel by the end of the duration referred to in paragraph 1 with a notice period of two months.
7.3 The HACCP Company can terminate the agreement if you have not logged in for twelve months. In that case, she will first send a reminder email to the email address associated with your account.
7.4 Note: It is not possible to export the data that you save or process via the service.
8. Changes to conditions
8.1 The HACCP Company may adjust these conditions as well as the prices at any time at any time.
8.2 The HACCP Company will announce the changes or additions via the service at least thirty days prior to entry into force so that you can take note of them.
8.3 If you do not wish to accept a change or addition, you can cancel the agreement until the date of entry into force. Use of the service after the effective date applies as acceptance of the amended or supplemented conditions.
9. Other provisions
9.1 Dutch law applies to this agreement.
9.2 Insofar as the rules of mandatory law do not state otherwise, all disputes related to HACCP will be submitted live to the competent Dutch court for the district in which The HACCP Company is located.
9.4 The version of communication or information as stored by HACCP tool BV is deemed to be correct, unless you provide proof to the contrary.
9.5 If a provision in these conditions of use proves to be invalid, this does not affect the validity of the entire conditions of use. In this case, the parties will adopt (a) new provision (s) as a replacement, giving substance to the intention of the original provision as much as is legally possible.
9.6 The HACCP Company is entitled to transfer its rights and obligations under the agreement to a third party that takes over HACCP live or the relevant business activity from it.
HACCP tool BV
The HACCP Company
3831 NV Leusden
telephone: +31 (33) 433 7890
Chamber of Commerce: 59774002