The Mett Platform was developed by Mett B.V. (“Mett”). Mett’s Licensee hereby grants the User the right to use the Mett Platform on the following conditions. The User should contact the Manager if he or she has any questions.
The Mett Platform enables Users to work together. These Conditions of Use apply to the use of the Mett Platform. They include the following important conditions:
- The Licensee is responsible for taking appropriate measures to protect the User’s information against loss and illegitimate processing.
- The Licensee is responsible for its systems and infrastructure.
- The Licensee and Mett use their best efforts to keep the Mett Platform available to Users, but they cannot always guarantee this because they simply do not have complete influence over all the relevant factors.
- The User is responsible for his or her use of the Mett Platform and the content of the information he or she exchanges.
- The User must keep Means of Authentication (user names and passwords) provided to or created by him or her confidential and use them personally and carefully to prevent unauthorised users/third parties from gaining access to the Mett Platform.
- The information stored and/or exchanged on the Mett Platform may not be unlawful and may not, for example, infringe the rights of third parties.
- The Mett Platform may not be used for unlawful purposes.
- Any personal data stored on the Mett Platform is processed in accordance with the applicable privacy legislation and the processing agreement concluded between the Licensee and Mett. In this Agreement, the Licensee is the controller and Mett is the processor.
Clause 1. Definitions
1.1 Means of Authentication: data and/or means (or the combination of these) used by the User to verify his or her identify on the Mett Platform, such as the combination of user name and password, unique codes (including pin codes) generated by auxiliary means or otherwise, etc.
1.2 User: a natural person who uses the Mett Platform with the Manager’s consent.
1.3 Manager: the manager of the Mett Platform, appointed by the Licensee, who has obtained accreditation to admit Users to the Mett Platform and to issue Means of Authentication.
1.4 Conditions of Use: these conditions governing the User’s use of the Mett Platform.
1.5 Licence: the right to use the Mett Platform.
1.6 Mett Platform: the software platform developed by Mett (including the underlying database) as well as all new and improved versions of it.
1.7 Licensee: Mett’s client with whom an Agreement is concluded.
1.8 Agreement: the agreement concluded between Mett and the Licensee for the use of the Mett Platform.
Clause 2. Use of the Mett Platform
2.1 The Licensee hereby grants the User a non-exclusive, non-sublicensable and non-transferrable Licence on condition that he or she fully complies with these Conditions of Use.
2.2 The Mett Platform may only be used for communication between Users, between the User and the Licensee, and between the User and Mett.
2.3 The User decides which data is stored and/or exchanged using the Mett Platform. The User is therefore responsible for ensuring that such data is lawful and does not infringe the rights of third parties. The Licensee and Mett do not accept any liability for data stored and/or exchanged using the Mett Platform.
2.4 If the Licensee or Mett are aware or realise that data or information that the User has stored and/or exchanged using the Mett Platform is unlawful, the Licensee and/or Mett will take prompt action to delete that data or information or make access to it impossible. In no event will the Licensee or Mett be liable for any damage resulting from such action.
2.5 The User may only use the Mett Platform for legitimate purposes and will not abuse it in any way or use it to store or distribute unlawful data, nor will he or she act unlawfully or carelessly in any other way.
2.6 The Manager is responsible for granting Users access to the Mett Platform (for example, when issuing Means of Authentication)
2.7 The User will comply with the following additional conditions of use imposed by the Manager of the Mett Platform:
Clause 3. Use of Means of Authentication
3.1 The User is responsible for the Means of Authentication issued to or created by him or her. The User will treat these personal Means of Authentication with care and keep them secret. The User will take effective measures to prevent misuse of Means of Authentication.
3.2 Neither the Licensee nor Mett bear liability for the misuse of Means of Authentication, and they may assume that a User who logs in using these Means of Authentication is authorised by the Licensee to use the Mett Platform.
3.3 As soon as a User knows or has reason to suspect that Means of Authentication have fallen into the hands of unauthorised persons, the User will inform the Manager of this, notwithstanding the User’s own obligation to immediately take effective measures by, for example, setting different user names and passwords or suspending the account concerned. Where appropriate, the Manager will take suitable action, independently or together with Mett.
Clause 4. Storage and processing of personal data
4.1 Use of the Mett Platform entails the processing of personal data, such as the storage of such data on Mett’s servers. The Licensee is the controller in this regard, meaning that the Licensee is responsible for ensuring that personal data is processed in accordance with the applicable privacy legislation. Mett is the processor in this regard. In this capacity, Mett will adhere to the arrangements set out in the processing agreement concluded with the Licensee. Mett will only carry out other processing on the Licensee’s instructions or if it has a statutory obligation to do so.
Clause 5. Duration and termination
5.1 The Licence and the Agreement apply for the same duration. The duration of the Licence can be limited by conditions imposed by the Manager (for example, a right of use for each project or an annual right of use).
5.2 If the User does not comply with the conditions imposed by the Licensee (for example, these Conditions of Use or additional conditions of use imposed by the Manager), then the Licence may be (temporarily) suspended or terminated.
5.3 In no event will the Licensee or Mett be obliged to pay any refund, compensation or damages to the User in such a situation.
5.4 Upon termination of the Licence – on any grounds and for any reason whatsoever – all rights granted to the User under these Conditions of Use will automatically cease to have effect and the User will no longer be authorised to use the Mett Platform.