Terms of use

TERMS OF USE EDUAPP

Article 1: General
These terms of use apply to and are part of all agreements and all (legal) transactions between Push2Tablet and user, even if those (legal) actions do not lead to, or are not related to the agreement. Unless otherwise agreed, the applicability of other general conditions is excluded.

Article 2: Definitions
In these conditions is meant by:
  1. Push2Tablet: provider and administrator of the EduApp application software and website.
  2. EduApp: the application software delivered by Push2Tablet under the name "EduApp" which gives users the possiblity to read and manage magazines, books and other documents they ordered through their iPad.
  3. Registration: electronic recording by a user of a confirmed e-mail address and a self-chosen password including the acceptance of these terms of use, giving user the right to use EduApp.
  4. Intellectual Property Rights: all intellectual property rights and related rights, such as copyright, trademark, patent, design right, trade name rights, database and related rights and rights to knowhow and eenlijnsprestaties
  5. Agreement of Use: the agreement established by registration under the acceptance of these Terms of Use.
  6. Party: any party involvend in these Terms of Use.
  7. User: the individual with whom Push2Tablet has closed the agreement of use Push2Tablet and who can use the EduApp and login on the Platform as a user.
  8. Platform: a password-protected environment within the EduApp which only the users can access.
  9. Purchase Agreement: the agreement entered into between a user and a publisher who distributes publications through the EduApp. The sale is concluded between the publisher and the user within an electronic transaction environment under the responsibility of the publisher pursuant to any terms and conditions as published by the publisher. Push2Tablet is not a party to that agreement, other than as a distributor of the purchased on behalf of the publisher.

Article 3: Establishment of the agreement
Offers within EduApp are examples of what user could purchase from the publisher thereof. A purchase agreement is concluded between the publisher and the user within an electronic transaction environment under the responsibility of the publisher pursuant to the terms and conditions as published by the publisher. Push2Tablet has no involvement in the establishment or execution of the contract, other than necessary for the distribution of what is acquired through the agreement.

Article 4: Use of the Tablisto
4.1 Push2Tablet gives user from the time of registration for the duration of the Agreement of Use the right to use the Tablisto for receiving, managing and reading magazines, newspapers and books they received from publishers who distribute these publications through Tablisto. Push2Tablet will therefore provide user with a username and a password, or allow user to choose a password, with which user can login on the Platform.
4.2 User guaranties that he will only use the Tablisto in accordance with these Terms of Use. User safeguards Push2Tablet for claims of third parties concerning or in connection with the use and provision of the Tablisto, and for claims of third parties based on the fact that user has used the Tablisto in a manner contrary to the provisions in these Terms of Use.
4.3 Push2Tablet shall do its utmost to keep the Tablisto functional for the user. If the Tablisto does not meet the Agreement of Use or if Push2Tablet does not fulfill its commitment, Push2Tablet is entitled, at its own choice, 1) to alter the Tablisto in a way that meets the Agreement of Use, 2) to replace the Tablisto by an application that is in accordance with the Agreement of Use or 3) to discontinue the supply of the Tablisto and to terminate the Agreement of Use. Any further liability, obligation to fulfill and obligation to pay compensation for Push2Tablet is hereby excluded.
4.4 Push2Tablet has the right to modify the functionality of the Tablisto from time to time in order to improve the functionality or to modify and correct errors and, at their discretion, to make updates and upgrades available and / or re-export . Push2Tablet will endeavor to solve any errors in theTablisto, but cannot guarantee that all errors, whether in time or not, can be restored.
4.5 The licences received through the Tabisto for downloading magazines, newspapers and books will remain available for download through the Tablisto for at least one year. Not downloading publications which are acquired from a publisher within this period, does not idemnify the user from any obligations towards the publisher.

Article 5: Support
Push2Tablet will do its utmost to give technical and substantive support to user regarding the Tablisto by telephone and e-mail. However, Push2Tablet can not guarantee that all potential problems can be resolved in this way or otherwise.

Article 6: Communication
6.1 Any contact between Push2Tablet and user can be made electronically unless otherwise required by law.
6.2 The copy of the correspondence with the user stored by Push2Tablet counts as proof thereof, subject to proof to the contrary by the user.
6.3 Electronic communication will be deemed to be received on the day of sending, unless the recipient has convincing evidence of the contrary. If the communication is not received as a result of delivery and / or accessibility problems with the user's mailbox, this is for the risk of the user, even if the mailbox is located at a third party.
6.4 By entering into the agreement, the user expressly authorizes Push2Tablet that his e-mail address may be used by Push2Tablet and by the publisher of an obtained edition for sending newsletters or other direct marketing purposes.

Article 7: Privacy and Security
7.1 Use of the Tablisto may entail the processing of personal data. In this respect Push2Tablet is to be regarded as the processor. User is to be regarded as responsible as defined in Article 1 sub d of the Data Protection Act. User safeguards Push2Tablet against third party claims that by using the Tablisto personal data have been processed in violation with applicable laws.
7.2 Push2Tablet will make reasonable efforts to secure the information stored by the Tablisto. User ensures that the user uses the standard safety equipment that should reasonably be installed on a computer, such as an anti-virus, anti-spam, anti-spyware, anti-malware, anti-phishing and firewall solution, as well as any protective devices Push2Tablet provides.
7.3 By using Tablisto by user Push2Tablet obtains information about the reading habits and derived the behaviour of consumption of information of user by following hyperlinks or otherwise the use of interactivity and multimedia which comes available through content acquired by Tablisto. This information is available for the publisher of the acquired content, however Push2Tablet guarantees that for the publisher such information will not be reducible to the user or to personal data of the user.

Article 8: Liability and Indemnification
8.1 The following acts in respect of the Tablisto should not be made by or on behalf of user: a. to use the Tablisto other than required under Article 4.1 and 4.2 of these Terms of Use, including in any way whatsoever, wholly or in part, disclose, reproduce or otherwise providing to any third parties content that is obtained via the Tablisto or is visible on the Tablisto; b. to make one or more changes to the Application; c. to remove or get around technical safeguards and other provisions d. to use the Tablisto in such manner that the system which makes the Tablisto available will be overloaded; e. to share the username associated with user with third parties; f. to activate the username more than once on the same type of medium.
8.2 User shall safeguard Push2Tablet for claims of third parties that are based on the assertion that the information stored by and /or exchanged through the Tablisto by user or users is unlawful.
8.3 Should it appear that information that is stored and / or exchanged by the user by using the Tablisto is unlawful, Push2Tablet will act promptly to remove that information or to disable the access to it. Push2Tablet is never liable for damages resulting from the actions of the user.
8.4 User is obliged to keep the user names, passwords and account numbers that are created by user or supplied by Push2Tablet confidential. Push2Tablet is not liable for damage resulting from abuse or loss of user names and passwords by user and can assume that the user who logs in with the username and password, is actually the user authorized by user. User safeguards Push2Tablet for claims of third parties that are based on the assertion that the unauthorized user has caused damage by using the Tablisto. Once user knows or has reason to suspect that usernames and passwords have come into the hands of unauthorized persons, user should immediately inform Push2Tablet in writing and by telephone.
8.5 User is responsible for selecting, using and maintaining the equipment, network connections, and all other facilities required to gain access to the Tablisto and the Push2Tablet platform. Push2Tablet is not liable for any damage resulting from defects, malfunctions, limited availability, or other shortcomings of these facilities.
8.6 At the request of or on behalf of Push2Tablet user will always cooperate and provide information that Push2Tablet demands in the context of the implementation of this Agreement of Use. User shall use its best efforts to always meet such requests from Push2Tablet correctly, complete and in due time. Also, user is required to act on further instructions from or on behalf of Push2Tablet regarding the use of Tablisto.
8.7 In addition to the other limitations of liability in the user agreement, Push2Tablet excludes any liability for any damages (including at least financial loss and other damages) resulting from of or related to the use and provision of the Tablisto, and for damage otherwise resulting from or in connection with the execution of the Agreement of Use, unless such damage is the result of gross negligence or intent of the board or senior management of Push2Tablet.
8.8 Without prejudice to the other safeguards in the agreement of use, user safeguards Push2Tablet against all claims of third parties in respect to or in connection with the use and provision of the Tablisto and otherwise in respect of or in connection with the execution of the Agreement of Use.
8.9 Push2Tablet is not responsible for the content of the publications received through the Tablisto.

Article 9: Intellectual Property Rights
9.1 The Intellectual Property Rights on the Tablisto remain with Push2Tablet and / or its licensor(s). With the conclusion of the Agreement of Use Push2Tablet grants to user only a limited non-exclusive and non-transferable right to use the Tablisto for the duration of the Agreement of Use.
9.2 If in the opinion of Push2Tablet it is likely that it is established that the Tablisto violates any right of a third pary, Push2Tablet is entitled, at its own choice, 1) to provide content that is equivalent in the reasonable opinion of Push2Tablet or 2) to discontinue delivery of the Tablisto and to terminate the Agreement of Use. Any further liability, obligation to fulfill and obligation to compensate damages are hereby excluded.
9.3 User is not allowed to alter, delete or deface indications with respect to Intellectual Property Rights on the Tablisto. The same applies to communications which state that information is confidential.
9.4 Push2Tablet safeguards user against claims of third parties that are based on the assertion that the Tablisto infringes in the Netherlands any Intellectual Property Rights or is otherwise unlawful, provided that user promptly informs Push2Tablet about the existence and content of such claims and that user gives Push2Tablet the full freedom to conduct negotiation and / or the imposition of a scheme and / or to conduct a defense in any proceeding.
User agrees to provide all information and cooperation to Push2Tablet that is reasonably required in that matter. The indemnification obligation of Push2Tablet expires if and insofar as the alleged infringement is caused by changes in Tablisto that have been made by user or on behalf of user by a third party, by using the Tablisto in combination with products or services that have not been provided by Push2Tablet or as a result of any other activity that is in violation with the terms of use.

Article 10: Duration and Termination
10.1 The User Agreement is concluded for an indefinite period, and may at any time be terminated by Parties at the end of a calendar month with a notice period of two months.
10.2 Notwithstanding any other rights and claims Push2Tablet may, by written notice to user, immediately, without judicial intervention and without being liable for compensation, dissolve the user agreement if any of the following situations occurs: a. user is declared bankrupt or, whether temporary or not, suspension of payment has been granted to user, or user has in any other way lost the free disposal –all or partly- of its assets, whether that state is irrevocable or not; b. user has failed to fulfill any obligation under this Agreement of Use and, where performance is not permanently impossible, has not met the requirements within one week after serving notice upon user by registered letter; c. user has infringed the Intellectual Property Rights; d. Push2Tablet is, under law or regulation, a court order or as a result of the termination or amendment of an agreement with its suppliers and / or licensors, no longer able or entitled to provide user with the Tablisto in accordance with the Agreement of Use.

Article 11: Applicable law and disputes
11.1 The Agreement of Use and any ensuing or related disputes are governed by Dutch law. All disputes arising out of or relating to this Agreement of Use will be submitted to the competent court in Utrecht.
11.2 Push2Tablet is allowed to use third parties in performing the contract.
11.3 Push2Tablet may transfer rights and obligations under the Agreement of Use t to a third party.
11.4 The user is not entitled to transfer the rights and obligations under the Agreement of Use to a third party or to transfer sublicense.