Data and Privacy Partners

You have registered in the Channext platform and have signed up with a preferred vendor. This involves data sharing, it is understandable that you are concerned about the safety of your data. Let us ease your mind.

In this relationship, Channext is the processor of data provided by the partner/vendor. The vendor is the controller of your data.

Once a Partner signs up for the Channext platform, it first will have to accept the Terms of Use. Within these Terms of Use, reference is made to the Privacy Policy.

TERMS OF USE

These Terms of Use (the “Terms of Use”) apply to the Channext-platform and all associated Software and Services (“the Platform”). The Platform is the property of Channext B.V., a limited company located in (3526KT) Utrecht (Vliegend Hertlaan 65-67), the Netherlands, CoC 72595752 (“Channext”). By using the Platform you agree to these Terms of Use: if you do not agree with these Terms of Use do not use the Platform.

Channext offers the Platform for the purpose of marketing for indirect channels by enabling online partnerships to accelerate channel growth.

Channext reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform after these changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Channext grants you a non-exclusive, non-transferable, limited right to use the Platform.

Content

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music and (computer) code (hereinafter: “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Platform is owned, controlled or licensed by or to Channext. Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior consent of either Channext or the Vendor.

You may use information on the Platform (such as data sheets), provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for the execution of an agreement with (a) Vendor(s), (3) do not copy or post information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Use of the Platform

The right granted by Channext as mentioned above enables you to use the Platform for Vendor(s). Channext is no part of the agreement between you and these Vendor(s) on the specifics of the use of the Platform: any warranties, conditions and agreements on services, output and other requirements as agreed upon between you and Vendor(s) do in no way impose any obligation or duty on Channext.

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.

You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by any illegitimate means.

You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Channext’s systems or networks, or any systems or networks connected to the Platform or to Channext.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

You may not use the Platform or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Channext, the Vendor(s) or others.

You agree that the use of the Platform will be compliant with all (local) laws and legislation.

Accounts, Passwords and Security

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Channext immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Channext, a Vendor or any other user of or visitor of the Platform due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Channext cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Channext’s Privacy Policy applies to use of this Platform, and its terms are made a part of these Terms of Use by this reference. Channext’s Privacy Policy can be found at https://channext.com/privacy-policy.

Links to other sites

This Platform may contain links to other independent third-party Websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our Users. Such Linked Sites are not under Channext’s control, and Channext is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Channext does not promise that the Platform or any content, service or feature of the platform will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Platform will provide specific results. The Platform and its content are delivered on an “as-is” basis. All information provided on the Platform is subject to change without notice. Channext cannot ensure that any files or other data you download from the Platform will be free of viruses or contamination or destructive features. Channext disclaims all warranties, express or implied, including any warranties of accuracy, noninfringement, merchantability and fitness for a particular purpose. Channext disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Platform and/or any Channext software or services. You assume total responsibility for your use of the Platform and any linked sites.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Channext reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason; (2) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; and (3) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Channext be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Channext has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Channext is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platform or any Content, Channext’s liability per event shall in no event exceed the sum the insurer will pay under the applicable insurance.

Indemnity

You agree to indemnify and hold Channext, its subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Channext by any third party due to or arising out of or in connection with your use of the Platform.

Violation of These Terms of Use

Channext may, in its sole discretion and without prior notice, terminate your access to the Platform and/or block your future access to the Platform if we determine that you have violated these Terms of Use or other agreements, laws, regulations or guidelines which may be associated with your use of the Platform and/or if Channext receives any requests by law enforcement or other government agencies to do so. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and may cause irreparable harm to Channext, for which monetary damages would be inadequate.

If Channext does take any legal action against you as a result of your violation of these Terms of Use, Channext will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Channext. You agree that Channext will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

All matters relating to your access to or use of the Platform, including all disputes, will be governed by the laws of the Netherlands. In the event the matter cannot be resolved through an amicable solution in consultation, the dispute will be submitted to the competent Dutch court in the principal place of business of Channext.

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