Your employer invites you to register on our Move To Happiness application.
ARTICLE 1. DEFINITIONS
1.1. “Account” means your account on our Application as an employee.
1.2. “Applicatie” means our application, as provided by MTH and accessible at https://watch.movetohappiness.com/ or through the Move To Happiness App.
ARTICLE 2. SERVICES AND SUBSCRIPTIONS
2.1. The Application is offered and provided by MTH. After registration, you can use the Services that your employer has purchased from us (e.g. programs, webinars, etc.).
ARTICLE 3. REGISTRATION AND ACCOUNT
3.2. In order to use the Application, you must first register and create an Account. When registering, you must provide correct, current and complete information. After registration, you must confirm your e-mail address (i.e. the business e-mail address via your employer) by clicking on the link in the e-mail that we will send you.
3.3. After confirmation of your e-mail address, you can use our Services and you can adjust your details in your Account. Your Account and password are strictly personal. You may under no circumstances share your Account with third parties or make it available to them without the express consent of MTH. Actions made through your Account are deemed to have been made by you, unless proven otherwise.
ARTICLE 4. USE OF OUR APPLICATION
4.2. You undertake to comply with at least the following Rules of Conduct:
a) Not interfering with the normal operation of the Application;
b) Not infringing on the intellectual property rights of MTH or third parties;
c) Not committing acts that interfere with the use of the Application by other users;
d) Not distributing inappropriate content through the Application;
e) Not distributing viruses or other malware;
f) Not using any means to search or index (parts of) the Application;
g) Not circumventing or interfering the security of the Application.
ARTICLE 5. FEES AND PAYMENT
5.1. Your registration on the Application is free.
5.2. The use of our Services is subject to a charge. Your employer acts as a third-party payer for your use of our Services. Your employer may at any time terminate or suspend payment for your use of our Services (e.g. if you leave your employer’s company). This means that you will no longer have access to the Services that were purchased by your (former) employer. You can always create your own personal account on our Application.
ARTICLE 6. INTELLECTUAL PROPERTY
6.1. The Application and the associated software and database are protected by the applicable intellectual property rights, being copyrights, software rights, database rights and all other intellectual and industrial property rights. These intellectual property rights belong solely to MTH or its licensors and are in no event transferred to you in whole or in part.
6.3. It is not permitted to distribute, commercialize, sell or rent out, make available or in any other way reproduce the Application and/or its content. Notices regarding copyright, trademark or any other intellectual property right may not be removed, modified, altered or obscured.
6.4. If you add content to the Application or your Account, you grant MTH a worldwide, non-exclusive, assignable, (sub)licensable and royalty-free license to use such content within the purposes of the Application or your Account.
6.5. You undertake that your actions will not in any way infringe the intellectual property rights of any third party or of your employer. MTH is in any case not liable for any infringement of the intellectual property rights of a third party or of your employer by you. In such case, you must indemnify MTH against any form of damage that MTH may suffer as a result of this infringement.
ARTICLE 7. PERSONAL DATA
7.1. For the processing of personal data for which MTH acts as the controller, MTH refers to its privacy statement at https://movetohappiness.com/privacy-policy/
7.2. Through this privacy statement, you are informed about the processing of your personal data by MTH as the controller.
7.3. The processing of your personal data by your employer is the responsibility of your employer.
ARTICLE 8. OUR GUARANTEES
8.1. MTH makes every effort to make the Application available to you without interruption.
8.2. In the event of a planned interruption (e.g. maintenance work), MTH will inform your employer of this at least five (5) calendar days in advance, unless this proves to be impossible due to the nature of the interruption (e.g. emergency work). MTH tries to plan interruptions in such a way that you will experience as little inconvenience as possible.
8.3. MTH takes all appropriate technical and organizational measures to ensure both the proper functioning and the security of the Application.
ARTICLE 9. LIABILITY
9.2. MTH makes reasonable efforts to make the Application available to the maximum extent possible. However, MTH may, in its sole discretion, at any time and for such duration as it deems necessary, change or discontinue the availability of the Application without notice, without giving any reason and without any liability to you, for example for maintenance work.
9.3. MTH is not responsible and therefore does not risk any liability for shortcomings, even as a result of gross negligence, in the services of third parties that facilitate the provision of our services but over which MTH exercises no control (e.g. internet providers). Various external factors, including network usage and the manner in which the Application or third-party software is used, may have an impact on the performance of the Application. MTH does not guarantee the suitability, capacity or expected performance of any hardware, software or services provided by third parties and assumes no responsibility for the interference of third-party hardware, software or services on the Application.
ARTICLE 10. DURATION AND TERMINATION
ARTICLE 11. APPLICABLE LAW AND COMPETENT COURT
ARTICLE 12. FINAL PROVISIONS
12.6. Your use of our Application is logged and these logs can be used as valid evidence.