Article 1 Definitions
In these Terms and Conditions, the following terms and phrases (both in their singular and plural use) shall be defined as follows:
Company: the enterprise from which the User has purchased a product or service;
Questionnaire: a questionnaire by means of which the User can provide a Review;
User /You: a natural person, over the age of 16, who has entered into an agreement with KiyOh for the posting of a Review;
Service: the agreed upon service from KiyOh, consisting of the collection and publication of Reviews;
Review: a review of a Company, posted by User, including the completed set of personal information (such as first name, city, age or purchased product);
Website: the website www.kiyoh.nl.
Article 2 Posting Reviews and Rendering of the Service
2.1 KiyOh makes it possible for you to use the Service to complete Questionnaires and post a Review.
2.2 Your Review (including personal information) may be published on the Website, the website of the Company and in search engines and/or websites of other partners of KiyOh. The partners of KiyOh may change. KiyOh will use its best effort to publish these partners on the Website.
2.3 The Review (including the personal information provided by you) will only be provided to the relevant Company if such Company has an agreement with KiyOh to that end. In that event, the Company will be authorized, but not obligated, to publish the Reviews on its website. Should the Company publish the Reviews, it must publish all Reviews: it is not allowed to make a selection. The Company however, is authorized to publish the Reviews in its own look and feel.
2.4 KiyOh is authorized to modify or remove the Review, and such actions will not lead to any right to compensation of damages for you. For example, KiyOh may modify the Review if the text is considered (unnecessarily) long, if the personal information provided by you is inaccurate, if you are acting in violation of Article 3 or if the Company has lodged a complaint concerning the Review, and further circumstances pursuant to Article 5.
2.5 The Company is not authorized to modify the Reviews.
Article 3 Conditions of Use for the Service
3.1 You guarantee that all (personal) information that you provide in relation to the Service, such as your name, address and email address is complete, accurate and up to date and that the Service is for your personal use only.
3.2 You are liable for the content of your Reviews and guarantee that:
a) the content is not false, deceptive, fraudulent or in any other way unlawful and/or in violation of the law;
b) your Review does not harm others (including the Company which is the topic of your Review), for example by posting discriminatory, offensive or abusive texts;
c) the Review is exclusively based on your own experience with the Company and this experience took place no longer than 6 months ago. This period of 6 months does not apply if you post the Review in response to a request thereto by the Company;
d) the Review is not meant as a reaction to other Reviews;
e) the Review does not contain personal details or other descriptions which may lead to a specific individual;
f) you will not do harm to the interests and the good name of KiyOh and its Service in particular.
Article 4 Personal Data
4.1 By providing the Service, KiyOh process personal data of the Users. KiyOh ensures that the collection and processing of this personal data meets the requirements laid down in the Data Protection Act. KiyOh is responsible for this collection and processing and has registered this as such with the Dutch Data Protection Authority.
Article 5 Complaint Procedure
5.2 The Review may be (temporarily) removed for the course of the complaint procedure.
Article 6 Intellectual Property Rights
6.1 All intellectual property rights and further rights related to the Service (including but not limited to the KiyOh website, images, design and further materials) remain with KiyOh or its licensors. No transfer of intellectual property shall take place.
6.3 You guarantee that the materials provided by you do not infringe on the rights of third parties and that you are authorized to provide these materials to KiyOh.
Article 7 Exclusion Guarantees and Liability of KiyOh
7.1 Although KiyOh uses its very best efforts with respect to the (content of) the Service, it cannot guarantee that it is free of potential errors or other faults including, in particular, imperfections or other errors in the publication of the Review(s). In no manner is KiyOh liable for any errors or other faults in or with respect to the Service, including the Website.
7.2 KiyOh is only liable for direct damages as a result of its attributable failure to fulfil its obligations. In no case shall the total liability exceed Euro 25.- per event, where a series of events is considered one single event. Direct damages are exclusively defined as (i) the costs that you can reasonably be expected to incur in order to remedy or end the failure of KiyOh, in order for KiyOh to fulfil the obligations pursuant to the Agreement, (ii) reasonable costs incurred in order to prevent or limit damage and (iii) reasonable costs incurred in order to determine the cause or scope thereof.
Article 8 Final Provisions
1. Responsible Party
KiyOh International B.V., registered at Hub van Doorneweg 169, Tilburg , registered in the trade register of the Chamber of Commerce (The Netherlands) under number: 57796440 (is the responsible party pursuant to the Data Protection Act. We have notified the Dutch Data Protection Authority that we process personal data of our users.
2. What data does KiyOh use and for what purpose
2.1 KiyOh uses the personal data that you provide on the Website in relation to your Review. This may include the following personal details: name, city, email address, gender and age category.
2.2 The personal data and information provided by you are used for the following purposes:
(i) the data and Review are made available to the Company to which the Review regards;
(ii) the Review and the personal data selected by KiyOh (including but not restricted to first name and city) may be published on the website of the Company, on the Website and in search engines of the specified partners of KiyOh;
(iii) KiyOh may use your personal data for handling your questions and/or complaints, providing information requested by you and in order to contact you in the event of complaints concerning your Review;
(iv) the sending of emails containing the newsletter, offers, news or tips from KiyOh, only if you have indicated that you wish to receive such emails.
2.3 KiyOh cannot guarantee that the Company will not link the personal data from the Review to its own client database, and subsequently deduce that the Review originates from you. It is possible that the Company may contact you as a result of the Review.
2.4 KiyOh may anonymize personal data and subsequently use this data in an aggregated and anonymous manner to the benefit of the Service, (i) for research purposes and (ii) in order to optimize the Service.
2.5 Via the Website, KiyOh processes IP addresses of visitors of the Website. This information is exclusively used in order to check whether the Service is used legitimately and to make sure that the User, for instance, does not post multiple Reviews of the same company.
3. Security Measures
In order to protect your personal data, we have implemented appropriate technological and organisational measures. These protect your personal data from loss or any other manner of illegitimate use.
4. Right of Review, Removal and Questions
6. Transfer of Enterprise
The further growth and development of KiyOh may lead to the transfer to a third party of one or more components or assets (including the Service) of the company. In this event, all corresponding (personal) data will also be transferred to this third party. Should this situation arise, we will inform you in a timely manner via the Website. Should you object to this transfer, you are free to terminate the agreement.
Tilburg, The Netherlands, September 2015