8 April 2022
The service “Goalcatcher” is offered over the internet in the form of Software-as-a-Service by the company Mentech Innovation B.V. The use of Goalcatcher is subject to the below terms and conditions. Using Goalcatcher constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Mentech Innovation B.V.1.1 The service Goalcatcher allows the user to create online forms for third parties to fill in and to process the results for online viewing. It is up to the user which data you want people to fill in and what you do with the results.
1.2 To use Goalcatcher, the user first needs to register. After completing registration, the user can directly log into their account and use the service
1.3 Thus user must secure access to their account using the username and password. The user must keep their password strictly confidential. Mentech Innovation B.V. may assume that all actions undertaken from the user’s account after logging in with their username and password are authorized and supervised by the user. The user is therefore liable for their actions, unless and unitl the user has notified Mentech Innovation B.V. that someone else knows your password.
1.4 When personal data is provided to the user via Goalcatcher, Mentech Innovation B.V. acts as a processor as determined in the General Data Protection Regulation (GDPR). The user is the controller, they indemnify and hold harmless Mentech Innovation B.V. against all claims by third parties in connection with this Act.
2.1 It is not permitted to use Goalcatcher 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 It is not permitted to ask for personal data without an adequate published privacy policy, the user must comply with the General Data Protection Regulation.
2.3 In addition, It is not permitted on the Goalcatcher platform to:
2.4 Should Mentech Innovation B.V. discover that you violate any of the above, or receive a complaint alleging the same, Mentech Innovation B.V. will issue a warning. If the warning does not lead to an acceptable resolution, then Mentech Innovation B.V. might intervene to end the violation. In urgent or serious cases Mentech Innovation B.V. may intervene without warning.
2.5 If in the opinion of Mentech Innovation B.V. the continued functioning of the computer systems or network of Mentech Innovation B.V. or third parties is under threat of being damaged or jeopardized, for example, but not limited to, through excessive transmission of e-mail or other data, leaks of personal data or virus activity. Mentech Innovation B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.6 Mentech Innovation B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.7 Mentech Innovation B.V. may recoup all damages it suffers because of the user’s violation of these terms of use. The user agrees and hold harmless Mentech Innovation B.V. from all third-party claims arising out of the user’s violation of these terms of use.
3.1 Mentech Innovation B.V. uses its best efforts to always have the service available but makes no guarantees about uninterrupted availability.
3.2 Mentech Innovation B.V. actively maintains Goalcatcher. In case maintenance is reasonably expected to negatively impact availability, [company] will 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 Mentech Innovation B.V. may from time to time adapt Goalcatcher. The user’s feedback and suggestions are welcome but ultimately [company] decides which adaptations to carry out.
4.1 The service Goalcatcher, the accompanying software as well as all information and images on the website is the intellectual property of [company]. None of these items may be copied or used without prior written permission of [company], except and to the extent permitted law.
4.2 Information the user stores or processes using the service is and remains the user’s property (or the property of the user’s suppliers or licensors). [company] receives a limited license to use this information for the service, including for future aspects thereof. The user can cancel this license by removing the information in question and/or terminating the agreement [NEEDS UPDATE FOR GOALCATCHER]
4.3 If the user sends information to Mentech Innovation B.V., for example a bug report or suggestion for improvement, the user grants [company] a perpetual and unlimited license to use this information for the service. This does not apply to information the user expressly marks as confidential.
4.4 Mentech Innovation B.V. shall refrain from accessing the user’s data stored or transferred using Goalcatcher, unless this is necessary for a good provision of the service or [company] is forced to do so by law or order of competent authority. In these cases [company] shall use its best efforts to limit access to the information as much as possible.
5.1 The use of Goalcatcher is subject
6.1 Except in case of intentional misconduct or gross negligence the liability of Mentech Innovation B.V. shall be limited to repairing or paying the amount of damaged caused.
6.2 Mentech Innovation B.V. is in no event liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damage suffered through use of Goalcatcher may only be claimed if reported in writing to Mentech Innovation B.V. at most two months after discovery.
6.4 In case of force majeure Mentech Innovation B.V. is never required to compensate damages suffered by the user. Force majeure includes among other disruptions or unavailability of the 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 the user first uses the service and then remains in force until terminated.
7.2 Mentech Innovation B.V. is entitled to terminate the agreement if the user has not used the service at all in the last 18 months. If such an event occurs, Mentech Innovation B.V. shall first send a reminder mail to the email address connected to the user’s account.
8.1 Mentech Innovation B.V. may change or add to these terms and conditions
8.2 Mentech Innovation B.V. shall announce any change to the service at least thirty days before taking effect
8.3 In case the user has no intent to accept these changes or additions, the user is free to terminate the agreement until the date the changes or additions take effect. Use of Goalcatcher after the date of changes of additions taking effect shall constitute the user’s acceptance of the changes or additions to the terms and conditions
9.1 Dutch law applies to this agreement
9.2 Except to the extent determined by mandatory applicable law all disputes arising in connection with this service shall be brought before the competent Dutch court for the principal place of business of Mentech Innovation B.V. is the Netherlands
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 Goalcatcher service shall be sufficient, provided 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 Mentech Innovation B.V. shall be deemed authentic unless the user supplies 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 Mentech Innovation B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Goalcatcher or the associated business activities.