CRANE TABLE CONDITIONS OF USE

These conditions of use (hereinafter: ‘Conditions’) apply to the use of the website www.jo-2.com (hereinafter: ‘Website’) and the use of the app “Kraantabel” (hereinafter: ‘App’). The Website and the App are hereinafter collectively referred to as ‘Kraantabel’. These Conditions are enforced by JO-2. JO-2, with company number 60164689, has its registered office in the Netherlands and working office in Weerselo.

(Hereinafter: ‘JO-2’).

 We only use these photos and photos taken by users themselves within the app or on the craneapp.org website. These images may also be used within craneapp.org's commercial social channels.

Specifically:

The photo will be linked to the correct crane within this app.

The photo can be used for the graphic design of our app.

The photo can be used for our social media channels.

The photo can be used for media expressions of craneapp.org (flyers, etc.)

We cannot prevent third parties from taking over or using the photo on the internet. We are opposed to this and will do everything we can to prevent it. However, craneapp.org cannot be held responsible for this.

1.             Acceptance of the Conditions

These Conditions apply to any and all use of Kraantabel by you as a user (hereinafter: ‘User’). Kraantabel may only be used for professional business purposes and not for private purposes. You - as a private user - must, therefore, cease all use permanently.

By visiting or using the Website and/or using the information available on the Website, by creating an account, by downloading the App, and by using the App, you agree to the applicability of the Conditions. 

An agreement between the User and JO-2 (hereinafter: ‘Agreement’) can only be made by agreeing to these Conditions.

 

2.             Modifications of the Conditions and/or Kraantabel

JO-2 may change the information offered through Kraantabel, including the text of these Conditions, at all times. It is advisable to check regularly for changes in the information offered through Kraantabel, including the text of the Conditions. If you continue to use Kraantabel and the website after the publication of the changed Conditions, you shall be understood to have accepted the changed Conditions. 

JO-2 reserves the right to change Kraantabel or parts thereof unilaterally at its own discretion, at any time, and for any reason.

JO-2 is authorised to do the following without prior notice and without stating reasons, at any time:

-           to limit, terminate, decommission, and/or suspend its activities related to Kraantabel temporarily or permanently; 

-           to delete or temporarily block Users' accounts;

-           to delete data, files, and materials;

-           to refuse to provide services (the App, the Website, and/or maintenance thereof) to users.

JO-2 is not liable for any loss or damage resulting from the exercise of the aforementioned rights.

 

3.             Kraantabel and its Use

Through Kraantabel, JO-2 offers the User the possibility to find the right crane for the object they intend to move. After you enter the required data regarding the object, the App calculates which crane(s) you could use to move that object, so that you can rent and/or buy the crane you need from a third party.  The calculations will be presented to you in the form of a report. 

JO-2 hereby grants the User the non-exclusive right to use Kraantabel for the duration of this Agreement.

 

4.         Account

In case certain elements or services offered through Kraantabel require the creation of an account, Kraantabel shall never be liable for any breach of data confidentiality as far as such a breach can be traced back or imputed to a user's acts or negligence.  You have an obligation to keep your account information, including your password, strictly secret and to protect this information. 

By accepting these Conditions, you undertake to notify JO-2 immediately of any unauthorised use of your account or password or other breach of their security. You may be held liable for losses suffered by JO-2 or another User or visitor of Kraantabel as a result of the use of your account and password by another person. 

It is prohibited to create an account in the name of another person, unless that person has given you their explicit prior consent. Furthermore, the User is not allowed to use another person's account and password without the explicit consent of the holder of that account. JO-2 cannot and shall not be held liable for any loss or damage resulting from your failure to comply with these obligations. You shall fully indemnify JO-2 against this.

In order to create the account, we ask the User for the following information: the name of the company you work for, the company's address, a valid email address of the company, phone number and mobile phone number of the company, and your first and last name. JO-2 may or may not create an account for a specific User, at JO-2's discretion. By accepting these Conditions, you guarantee that the information you submitted is true and correct.

The information you submitted shall only be used for the performance of the Agreement. By accepting these Conditions, you consent to the storage and use of your information for the purpose of managing your account.

JO-2 offers you the possibility to send the report obtained after entering the data from the App to an email address designated for that purpose by the User, among other things. The email address you provide will be used to send the aforementioned report, as well as offers from and information about JO-2.

 

5.         Content Submitted by User

Kraantabel also offers you the possibility to make content – information, photoghraphs, and/or images – (hereinafter: ‘Content’) available to JO-2. Making content available is voluntary. By doing so, you guarantee JO-2 that you are authorised to make the Content available and that any use of the Content you provided will not violate third party rights.  As far as necessary, the User hereby authorises JO-2 to multiply and disclose the content provided, in any way, free of charge, for the benefit of Kraantabel, without any obligation to mention the name of the person entitled.

The User is completely responsible for the Content they placed. JO-2 does not check the Content for accuracy and is not liable for damage suffered by User or any third party as a result of incorrect, incomplete, or misleading Content submitted by User. 

User indemnifies JO-2 against and shall reimburse JO-2 for all damage, liabilities, and costs (including legal aid costs) resulting from third party claims with regard to any (alleged) violation of that third party's intellectual property rights due to the use the content provided by User.

 

6.         User's Obligations

User is not allowed to use Kraantabel and its content - which includes but is not limited to: uploading materials - contrary to the legal provisions, third party rights, or these Conditions.

User is responsible for the functioning of their hardware and software, configuration, peripheral equipment, and internet connection required for the use of Kraantabel. User is also responsible for saving and storing the data or reports obtained from Kraantabel.

User shall verify the results obtained from Kraantabel and data generated by the App on a regular basis.  User undertakes to double-check with the crane rental company if User has chosen a suitable crane for the object in question. User is responsible for the results generated by the App after User enters the data.  

User shall notify JO-2 immediately in case of any unauthorised use of their account or any other breach of Kraantabel's security. JO-2 may hold User liable for User's failure to comply with their notification obligation or the improper use of their account.

 

7.         Intellectual Property Rights

All intellectual property rights related to or resulting from the content of Kraantabel or parts thereof, including but not limited to the software, design, images, distinguishing features (brand and/or trade names), and texts, rest with JO-2 or its licensers. User only obtains the rights of use granted explicitly under these Conditions and the law.

User is not allowed to remove any indication of the confidential nature or of any intellectual property right from Kraantabel or parts thereof, or to modify such indications. 

User is not allowed to use Kraantabel's content in any way other than as explicitly described in these Conditions. Every other use, including the reproduction, modification, distribution, transmission, or publication of Kraantabel or parts thereof may be allowed, provided that JO-2 has given its prior written consent.

 

8.         Warranty Coverage Exclusions

JO-2 has taken the greatest care when composing Kraantabel's content. However, JO-2 cannot guarantee that Kraantabel's content is correct, complete, and/or up to date, or that it will work without interruptions and/or faults, or that the use of Kraantabel will lead to and is suitable for the achievement of User's goal, and does not accept any liability for this. 

JO-2 undertakes to remedy any faults in Kraantabel within a reasonable term. JO-2 may postpone the repair of such faults until a new version or update of Kraantabel or parts thereof can be implemented. JO-2 is authorised to implement temporary solutions, programme bypasses, or problem-mitigating restrictions in Kraantabel.

 

9.         Liability

As far as legally permitted, JO-2 and all its affiliated companies and licensers hereby disclaim all liability for any damage (direct or indirect) resulting, in any way, from the performance of the agreement, including damage resulting from User's use of Kraantabel or parts thereof, more specifically (but not limited to) the impossibility to use Kraantabel or parts thereof and liability resulting from the loss or mutilation of data and from the failure to install updates and releases, properly or at all, as well as faults resulting from the use of the software and hardware provided by third parties.

More specifically, JO-2 is not liable for faults and/or defects in the selection process of the submitted data and the verification of the correctness and completeness of the results of the App's calculations. 

As far as JO-2 might have any liability, such liability shall be limited to the amount User paid for the use of Kraantabel or the amount covered and paid out by JO-2's insurer. The largest of these two amounts shall be paid out to User.

 

10.       Hyperlinks and References to Third Party Websites and/or Files

Kraantabel contains hyperlinks and other links and references to third party websites and/or files. The content of such websites or files is not verified by JO-2. JO-2 offers no more than the opportunity to obtain more information, if and insofar as User wishes to do so. The reference does not mean that JO-2 recommends the products or services offered on or through Kraantabel. JO-2 does not give any warranty for the accessibility and content of the websites/files in question, and is not liable, in any way, for the functioning of those websites/files and the information contained therein, or for any form of damage to User's software or hardware as a result of a visit to third party websites and/or files.

The fact that JO-2 has published a reference to a third party website on Kraantabel does not mean that JO-2 endorses the information available on that third party website.

 

11.       Privacy, Data Processing and Data Security

 

JO-2 shall make every effort that may reasonably be expected to protect the confidentiality of personal data.

As far as necessary, JO-2 shall report personal data processing to the Dutch Data Protection Authority [College Bescherming Persoonsgegevens], stating the purpose of processing those data..

For the proper performance of the assignment, and/or insofar as necessary, Client authorises JO-2 to use and/or process their personal data.

JO-2 shall not disclose any personal data to third parties without the data subject's explicit consent, unless JO-2 is legally required to do so.

For any questions about the registration, the purpose of registration, and the use of personal data, to communicate changes, or to object against the (continued) use or registration of their personal data, Client or the data subject is kindly requested to contact JO-2's office in Weerselo in writing.

 

12.       Duration and Termination of the Agreement

The Agreement is entered into for an indefinite period. Either party may terminate the Agreement prematurely by giving the other party one month's notice, without prejudice to JO-2's other rights to terminate the agreement prematurely. Notice of termination shall be given in writing or by email to the postal or email address stated in the introduction of these Conditions. 

Either party may terminate the Agreement with immediate effect, partly or in whole, without the need of any notice of default, in case the other party is granted a moratorium, one of the parties is declared bankrupt, or one of the companies is liquidated or discontinued.

As of the moment of termination of the Agreement, User is no longer authorised to use Kraantabel in any way, and shall remove the App from their mobile phone. 

Termination of the Agreement shall never lead to any obligation for JO-2 to refund already paid sums of money, or to pay any kind of damages.

 

13.       Other Provisions

In case one or more provisions of these Conditions turns out to be unenforceable, the other provisions of these Conditions shall remain in full force. The unenforceable or invalid condition shall be replaced by a valid one that differs as little as possible from the unenforceable condition, in view of the purpose and meaning of the Conditions. 

JO-2 is always authorised to outsource or transfer its rights and obligations under this Agreement to a third party, and to make all personal information and data available to that third party.

 

14.       Applicable Law and Jurisdiction

The Conditions are governed by the laws of the Netherlands. Any and all disputes resulting from the Conditions shall be brought before the competent judge of the Overijssel district court or another competent judge, at JO-2's discretion.