1. COMMANDMENTS AND PROHIBITIONS
All Users must:
- Act in accordance with all applicable legal provisions
- Comply with all applicable codes of conduct; and
- Comply with any instructions to be provided by Pluform.
- Be familiar with Pluform’s Privacy Statement;
All Users must refrain from:
- Usage in a manner that is harmful to us or our affiliates, our customers, other users of our Internet services and websites, or third parties;
- Sending unsolicited commercial messages (“spam”) to persons whose email address you have obtained from Pluform’s Internet services and websites; changing, damaging, disabling, overburdening, hindering or impeding the use of Pluform’s Internet services and websites;
- Threatening, insulting, discriminating or harassing others;
- The provision of material or messages that are intentionally inaccurate, threatening, offensive, discriminatory, harassing, unlawful, defamatory, vulgar, obscene, defamatory, misleading, fraudulent or may be construed as such, or that contain explicit or graphic descriptions of sexual acts, or that violate the privacy of others; and the distribution of viruses or documents containing other harmful components
- Pluform guarantees to Users. Pluform warrants to the Users that: (1) the Services will be provided by qualified, trained and diligent personnel; (2) Services will be provided in accordance with applicable laws and regulations; (3) Pluform is committed to performing the Services as described in the Agreement with the Customer; (4) If Pluform is found to be in default, Pluform will remedy the defect as soon as possible, without prejudice to what is further stipulated in the Agreement.
- Customer guarantees to Pluform. In addition to the User’s guarantees to Pluform, the Customer guarantees Pluform that it has the competence and authority to fulfil its obligations to Pluform under the Agreement.
3. COMPLAINTS AND DISPUTES
- Report any complaints. The User must notify Pluform in writing of any complaints about the work carried out within 8 days of discovery, but no later than within 14 days of completion of the work in question. The notice of default must contain as detailed a description as possible of the shortcoming, so that Pluform is able to respond adequately.
- Action Pluform. If a complaint is well-founded, Pluform will still carry out the work as agreed, unless this has become demonstrably pointless to the Customer in the meantime. The latter must be made known by the Customer in writing.
- Escalation procedure. In the event of complaints where Pluform and the User do not come together, the User can report this to the Pluform Complaints and Disputes Committee. The court in the place where Pluform has its registered office has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Pluform is entitled to submit the dispute to the court with jurisdiction according to the law. Parties will only appeal to the Complaints and Disputes Committee, and in any event to the court, after they have made every effort to resolve a dispute in mutual consultation.
4. RIGHT AND INTELLECTUAL PROPERTY
- Pluform reserves the copyright on the content of the internet services and websites, insofar as these rights are not vested in third parties (coaches) whose material is made available on the internet services and websites of Pluform.
- Intellectual property. User acknowledges the (intellectual) property rights of Pluform to the content of Pluform’s internet services and websites, both in its entirety and in parts thereof, and of all demonstrably based on and/or derived from this information, even if the product concerns an adaptation or refinement of something of Pluform’s internet services or websites.
Version 10 - 1 February 2021