Terms of Use Perfect Pizza Flours App
Date: march 30, 2023.
These are the Terms of Use of Perfect Pizza Flours, located at Meddoseweg 5, 7104 AA Winterswijk Meddo in The Netherlands. Our company is registered at the Chamber of Commerce with registration number 85035785 (hereinafter referred to as “Perfect Pizza Flours”).
Our Terms of Use are also available in Dutch.
Perfect Pizza Flours offers an Application. This Application (app) is called “Perfect Pizza Flours”. The use of our Application is subject to the following conditions. By using the Application and/or by accepting these Terms of Use when creating an Account, you agree to these Terms of Use.
Deviations from or additions to these Terms of Use are only valid if they have been accepted in Writing by Perfect Pizza Flours.
Article 1: Definitions
Capitalized terms in the Terms of Use, both plural and singular, have the following meanings.
1.1. Account: the User’s personal Account created by the User after downloading the Application, with which the User gains access to the Application.
1.2. Application: the Application called Perfect Pizza Flours, offered by Perfect Pizza Flours, which can be downloaded from Apple’s Appstore and the Google Play Store.
1.3. User: the natural person who uses the Application.
1.4. Terms of Use: the present terms and conditions.
1.5. Intellectual Property Rights: all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
1.6. Materials: the Application, texts, images, videos and other materials provided by Perfect Pizza Flours and third parties.
1.7. Agreement: the Agreement between the User and Perfect Pizza Flours based on acceptance of these Terms of Use.
1.8. Parties: User and Perfect Pizza Flours jointly.
1.9. Privacy and cookie statement: the Perfect Pizza Flours Privacy Statement, which can be consulted in English and in Dutch.
1.10. In Writing: In these Terms of Use, In Writing also includes communication by e-mail, provided that the identity of the sender and the integrity of the message are sufficiently established.
1.11. Shop: the Shop in the Application and on perfectpizzaflours.com where Users can purchase digital products.
Article 2: Use of the Application
2.1. Perfect Pizza Flours offers an Application where users can consult and use blogs, videos and recipes. Furthermore, the Application contains a community area where Users can calculate recipes themselves, save photos with a recipe and share recipes with friends. The recipes calculated by Users can be saved by Users on their own electronic device. Users can also rate recipes or products. In addition, Users within the ‘community’ can follow each other. This way Users can easily view each other’s recipes.
2.2. A Shop is available in the Application. The Shop will feature digital products, such as e-books, that can be purchased worldwide. User can choose to create an Account for the shop, either through the Application or on perfectpizzflours.com. After registration, User can log directly in to his Account.
2.3. The User must protect access to the Account from unauthorized persons by means of a username and password. In particular, the password must be kept strictly confidential by the User. Perfect Pizza Flours may assume that everything that happens from the Account after login with the username and password, is under the direction and supervision of the User. The User is therefore liable for all these actions, unless Perfect Pizza Flours has been notified that someone else knows the password.
2.4. If the User has lost the login details to his Account or if the User knows or suspects that his login details have fallen into the hands of unauthorized persons, the User must immediately take all measures that are reasonably necessary and desirable to prevent misuse of the Account. These measures may, for example, consist of changing the password, blocking the Account and/or informing Perfect Pizza Flours, so that Perfect Pizza Flours can take appropriate measures.
2.5. The User will only use the Services for the purposes for which it is intended by its nature and will carefully follow any instructions provided by Perfect Pizza Flours.
Article 3: Rules of Use
3.1. It is prohibited to use the Application for actions that are in violation of Dutch or other applicable laws and regulations. This includes storing or disseminating via the Application information that is dishonorable, defamatory, defamatory or racist. This also includes placing malicious content on the Application, such as malware or other malicious software.
3.2. In addition, when using the Application, it is prohibited to:
a. use indecent language;
b. post information in places where it is undesirable (offtopic);
c. distribute information that is pornographic or erotic (even if it is legal in itself);
d. distribute information in violation of copyrights, or place hyperlinks to such information;
e. assist others in violating the rights of third parties, such as by linking to hacking tools or explaining computer crime that is apparently intended to enable the reader to
claim to commit the described criminal behavior (or cause it to be committed) and not to be able to defend oneself against it;
f. violate the privacy of third parties, for example by distributing personal data of third parties without permission or necessity or by repeatedly harassing third parties with unwanted communications;
g. use it for commercial purposes;
h. behave in such a way as to cause nuisance or nuisance to other Users;
i. do anything that is contrary to reasonableness and fairness.
3.3. If Perfect Pizza Flours finds that the User violates the above conditions, or receives a complaint about this, Perfect Pizza Flours may intervene itself to end the violation.
3.4. If, in the opinion of Perfect Pizza Flours, hindrance, damage or any other danger arises for the functioning of the computer systems or the network of Perfect Pizza Flours or third parties and/or the services via the internet, in particular due to excessive sending of e-mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, Perfect Pizza Flours is entitled to take all measures it reasonably deems necessary to avert or prevent this danger. Perfect Pizza Flours is in particular entitled to adjust User contributions at its own discretion.
3.5. Perfect Pizza Flours is at all times entitled to report established criminal offenses. In addition, Perfect Pizza Flours is entitled to provide the name, address, IP address and other identifying data of the User to a third party who complains about the User’s infringement of its rights or these Terms of Use, provided that:
a. it is sufficiently plausible that the Materials, considered in isolation, are unlawful and harmful to the third party;
b. the third party has a real interest in obtaining the data;
c. it is plausible that in the specific case there is no less drastic possibility to retrieve the data; and
d. the balance of the interests involved implies that the interests of the third party should prevail.
3.6. Perfect Pizza Flours can recover the damage resulting from violations of these rules of conduct from the User. The user indemnifies Perfect Pizza Flours against all third-party claims in connection with information posted by him.
Article 4: Support
4.1. The User remains responsible at all times for the use of the Application.
4.2. Perfect Pizza Flours will provide a reasonable level of support through the Application (or through other channels disclosed to the User). However, Perfect Pizza Flours does not guarantee that all problems or requests submitted by the User will be dealt with.
Article 5: Availability and Maintenance
5.1. The User is responsible for the installation and commissioning of the Application.
5.2. Perfect Pizza Flours does not guarantee that the Application will function without errors or will work undisrupted. Perfect Pizza Flours depends on the services of third parties and has no influence or control over the relevant third parties. The User is aware that the Application depends on a stable internet connection at the location where the User wishes to use the Application. Perfect Pizza Flours cannot influence the User’s internet connection, network and equipment. User is responsible for maintaining this internet connection, network and equipment.
5.3. Perfect Pizza Flours makes effort to ensure that the Application is available, but does not guarantee uninterrupted availability.
5.4. Perfect Pizza Flours actively maintains the Application. Maintenance can take place at any time, even if this may lead to a limitation of availability. Maintenance will be announced in advance if possible.
5.5. Perfect Pizza Flours may from time to time adjust the functionalities of the Application. Feedback and suggestions from Users are welcome, but in the end Perfect Pizza Flours decides for itself which adjustments it will or will not make. Perfect Pizza Flours will endeavor to announce these restrictions in use in a timely manner. The User can give feedback to Perfect Pizza Flours via the feedback function in the Application.
5.6. Perfect Pizza Flours releases updates from time to time that may correct errors or improve the functioning of the Application.
5.7. Available updates for the Application will be published through notifications in Apple’s Appstore and the Google Play Store. It is the User’s responsibility to keep track of these notifications. The updates are also carried out via these platforms. Updates require an active internet connection.
5.8. Installation of updates takes place with separate permission from the User. For the proper implementation of the updates, Perfect Pizza Flours depends on the availability of Apple’s Appstore and the Google Play Store, over which Perfect Pizza Flours has no control.
5.9. Perfect Pizza Flours is neither responsible nor liable for the correct implementation of the updates. There is no liability for damage resulting from errors that have been remedied in an update not installed by the User.
5.10. An update may set conditions that deviate from the provisions of the Agreement. The User will always be notified of this in advance and the User will then have the opportunity to refuse the update. By installing such an update, the User agrees to these deviating conditions, which will then form part of the Agreement.
Article 6: Intellectual Property Rights
6.1. The Application, the associated software as well as all Materials are the intellectual property of Perfect Pizza Flours. They may not be copied or used in any way without separate Written permission from Perfect Pizza Flours, except where permitted by law.
6.2. The Intellectual Property Rights resting on the Application and on the Materials rest and remain vested in Perfect Pizza Flours.
6.3. Perfect Pizza Flours hereby grants the User a non-exclusive and non-transferable right of use for the duration of the Agreement in order to be able to use the Application in accordance with these Terms of Use and for the duration of the Agreement.
6.4. Information that the User publishes or stores via the Application is and remains the property of the User (or that of the suppliers). Perfect Pizza Flours has a right of use to use this information for the Application and everything related to it.
6.5. The right of use from the previous paragraph is given for an indefinite period and cannot revoke. The right of use continues after the termination of the Agreement. In exceptional cases where there is a compelling interest against continued use of the information, Perfect Pizza Flours may decide to adjust or remove it.
6.6. It is not possible to modify or remove information after it has been placed.
6.7. If the User sends information to Perfect Pizza Flours, for example feedback about an error or a suggestion for improvement, the User grants her an unlimited and perpetual right of use to use this information for the Application. This does not apply to information that the User expressly marks as confidential.
6.8. Perfect Pizza Flours will not take cognizance of private data that the User stores and/or distributes via the Application, unless this is necessary for a good service or Perfect Pizza Flours is obliged to do so pursuant to a legal provision or court order. In that case, Perfect Pizza Flours will endeavor to limit the knowledge of the data as much as possible, insofar as this is within its power.
Article 7: Privacy
7.1. Personal data is processed when using the Application. User gives permission for all forms of processing that fall within the scope of the Application. Information about how Perfect Pizza Flours handles the personal data of Users can be found in our Privacy statement in English or in Dutch.
Article 8: Fee for the Application
8.1. The Application offers ‘premium’ functionalities. The User owes a one-off fee for these ‘premium’ functionalities.
8.2. The User does not owe any compensation for the use of the Application without ‘premium’ functionalities. The non-premium-part of the Application is free to use.
8.3. Payment can be made via PayPal and/or according to the payment instructions in the Application.
Article 9: Shop Orders
9.1. Orders can be placed in the Perfect Pizza Flours Shop. Payments are made via PayPal and as such Perfect Pizza Flours has no influence on or
control over the payment procedure.
9.2. For purchases related to digital content, such as e-books, the User waives his right of withdrawal as soon as the order has been confirmed.
Artikel 10: Liability
10.1. Except in the case of intent or deliberate recklessness, Perfect Pizza Flours is not liable towards the User, on any grounds whatsoever, for any damage
related to the Application.
10.2. A condition for the existence of any right to compensation is that the User reports the damage to Perfect Pizza Flours in Writing and at the latest within two months after discovery.
10.3. In the event of force majeure, Perfect Pizza Flours is never obliged to pay compensation for the damage caused to the User. Force majeure includes failures or failures of the internet, the telecommunications infrastructure, power failures, domestic disturbances, mobilisation, war, transport disruptions, strikes, lockouts, business disruptions, supply stagnation, fire and flooding.
10.4. Perfect Pizza Flours is not liable or responsible for the content of or links contained in third party websites, applications and services, or for any changes or updates to third party websites, applications and services, to the fullest extent permitted by law. Perfect Pizza Flours only provides these links and access to third party websites and services for the User’s convenience.
10.5. Perfect Pizza Flours does not guarantee the correctness of the Materials offered in the Application. The Materials can change at any time without prior notice from Perfect Pizza Flours.
Article 11: Formation, Duration and Termination
11.1. This Agreement is entered into and becomes effective upon User’s acceptance of these Terms of Use, while accessing or using the Application, and shall remain in effect until terminated.
11.2. The User can terminate the Agreement at any time by deleting his Account or, in case the User does not have an Account, discontinue his use of the Application.
11.3. Perfect Pizza Flours can terminate the Agreement if the User has not used the Application for eighteen months. In that case, we will first send a reminder email to the email address linked to the Account.
Article 12: Changes to our Terms of Use
12.1. Perfect Pizza Flours may adjust these Terms of Use as well as the Application and the prices of its products at any time.
12.2. If the User does not wish to accept a change or addition, the User can terminate the Agreement up to the date of the entry of the new terms. Use of the Application after the date of entry constitutes acceptance of the amended or supplemented terms and conditions.
Article 13: Other provisions
13.1. Dutch law applies to this Agreement.
13.2. Insofar as not dictated otherwise by mandatory law, all disputes in connection with the Application will be submitted to the competent Dutch court for the district in which Perfect Pizza Flours is located.
13.3. If any provision in these Terms of Use is found to be invalid, this will not affect the validity of the entire Terms of Use. In this case, the parties will adopt (a) new provision(s) to replace it, which will give shape to the intention of the original provision as far as legally possible.
13.4. Perfect Pizza Flours is entitled to transfer its rights and obligations under the Agreement to a third party that takes over the Application from it. Perfect Pizza Flours will inform the User of this in advance. If the User does not wish to accept this, the User can terminate the Agreement.
13.5. The User is not entitled to transfer its rights under the Agreement to a third party.
Article 14: Complaints and support
14.1. If the User has questions, comments or complaints, or encounters problems when using the Application, the User can contact us via email: info@perfectpizzaflours.com. Perfect Pizza Flours strives to respond as quickly as possible and no later than 14 days after receiving your e-mail. If the response needs more time due to unforeseen circumstances, Perfect Pizza Flours will let you know and also give you an estimate on how much time is needed to reply to you.
14.2. In the event that the Parties cannot reach a mutual solution, the User can contact the mediation department of Stichting Webshop Keurmerk, to which Perfect Pizza Flours is affiliated.
14.3. If the mediation attempt does not lead to a satisfactory solution, the User has the option of submitting the dispute to the Disputes Committee (SGC).