Terms and Conditions of Access authorization and Use (T&C's)
Important- Read Carefully:
The CRS Information supplied under these Terms and Conditions of Access authorization and Use may only be used by individuals acting as part of their employed professional activity (a "User"). Moditech Rescue Solutions BV. ("Moditech") is making CRS Information from the Crash Recovery System ("CRS Information") available at this Website - www.crashrecoverysystem.com - (the "Website") so that Users may access the CRS Information using the Internet. The CRS Information may only be used as permitted in these Terms. The User must indicate his/her agreement to these Terms by marking the "AGREE" box on the Website and making the required payment. If the User chooses not to mark the "AGREE" box or the required payment is not made, then no access authorization for use will be granted, and the User will not be permitted to access the CRS Information. The CRS Information is made available to the User by displaying the selected vehicle graphic including all relevant Technical Components – (the "CRS Datasheet").
1. Creation of the contract, content
1.1 Moditech grants access authorizations for use of the CRS Information through the Website to certain Users as described in Section 2 below. A contract between Moditech and the User for access to the CRS Information is established when the User accepts these "Terms and Conditions of Access authorization and Use" and makes payment. No separate terms and conditions offered by the User or normally part of the User's business are part of the contract for CRS Information even if the User terms are not contradicted by these Terms.
1.2 The subject of the contract is purchase of an access authorization to display a certain amount of CRS Datasheets from the Crash Recovery System database for rescue workers. It is possible that errors or defects may occur in the CRS Information, despite the rigorous quality procedures of Moditech. The CRS Information may also change during the period of the access authorization.
1.3 Without Moditech's permission, the User may not transfer established contractual rights and obligations in whole or part to third parties. The access authorization granted in these Terms is specific to the User. The User may not allow third parties to access the Website with the User's log-in information or to use the CRS Information as if the third-party were the User.
2. Access authorization, registration, provision
Moditech grants an access authorization for access to the CRS Information on the following conditions:
2.1 The User belongs to a Rescue Organisation located within the European Union or the European Economic Area.
2.2 The User, himself, must register on the Website and give information to Moditech about himself. By doing so and accepting these Terms and Conditions of Access authorization and Use, the User establishes that he is a person in an authorized category eligible to receive the CRS Information.
2.3 When registering, the User must state and pay for how many vehicle models or CRS Datasheets the CRS Information is required
2.4 On receiving confirmation of the access authorization and payment and the password from Moditech, the User will be able to access the CRS Information through CRS Datasheets generated by the Website.
2.5 If, as a result of unforeseeable events beyond the control of Moditech, the User does not gain access to the CRS Information, Moditech does not accept any liability. If Moditech is responsible for the User's failure to gain access, the User has the right, on expiry of a reasonable period of grace, to exercise his statutory rights. The User will notify Moditech of any failure to gain access and cooperate with Moditech to determine the reason for the failure and corrective action that may be taken. In the event of minor negligence by Moditech, the User has no right to compensation for delay. For compensation claimed by the User in lieu of performance, claims against Moditech for minor negligence are limited to 10% of the agreed fee. No liability is accepted for lost profits or damage due to an interruption of business (except only to the extent, if any, that applicable law does not permit such liability to be disclaimed).
2.6 Moditech will use its commercially reasonable efforts to maintain the computer hardware, software and telecommunications connections and take all commercially reasonable steps to establish and maintain a consistent link twenty-four hours per day, every day of the year, except for reasonable downtime, including, but not limited to, general maintenance, hardware and software upgrades, data upgrades, power and telecommunications outages not attributable to the acts or omissions of Moditech and other causes beyond Moditech's direct control. Moditech will use its best efforts to perform during minimum usage periods any maintenance and upgrades for which downtime can be scheduled.
3. Term of the contract and cancellation
3.1 The User may acquire an access authorization to the CRS Information for the following amounts of CRS
50, 100, 150, 200
3.2 The term of the access authorization is independent of the amount of Credits chosen and limited to one (1) year. The term will begin on the date of purchase of the Credits by the User.
3.3 The access authorization ends on expiry of one (1) year and no notice of expiry is required or will be given. Early cancellation without good cause is not permitted. Access fees are payable upon registration and will not be refunded even if the User does not use the CRS Information for the entire subscription period.
3.4 The access authorization can be cancelled by Moditech for good cause without notice if the User:
- Duplicates or reproduces the CRS Information or causes it to be duplicated or reproduced.
- Discloses the CRS Information to third parties.
- Is not a member of the authorized category.
3.5 If Moditech cancels the access authorization with good cause, it has the right to claim compensation for the User's breach. The User has no resulting entitlement to refund of any unused balance of the Credits if the access authorization is cancelled for good cause.
4. Conclusion of the contract
4.1 Precise information about the ordering procedure can be found on the Website. The Website also includes product descriptions and a product demonstrator.
4.2 A contract between the User and Moditech only comes into effect when the User has accepted these Terms and paid the user access fees.
5. Remuneration and payment
5.1 The fee payable to Moditech depends on the access authorization selected by the User and current prices. The fee is payable immediately in Euros with the order and will be charged to the credit card indicated by the User in the registration process.
5.2 Access to the CRS Information will not be granted if the credit card is invalid.
5.3 The prices listed on the Website are exclusive of VAT. The VAT rates will be applied as required by applicable laws and are payable with the access authorization fees.
6.1 If the CRS Information states that a special action or procedure is required, that procedure must be used if the extrication is to be done correctly. Moditech does not accept any liability for any damage caused by a failure to follow instructions in the CRS Information.
6.2 Moditech accepts no liability for any damage caused by the User's use of the CRS Information or any error or omission in the CRS Information.
7. Rights of use, penalty and third-party proprietary rights
7.1 Moditech grants the User a simple, non-exclusive and non-transferable right to use the CRS Information for his own use only.
7.2 The production of copies of the CRS Information is not allowed, nor is the editing or processing of the CRS Information by the User or by third parties instructed by the User. Operational facilities within an association of firms or workshops are considered third parties.
7.3 The User undertakes to use the CRS Information only to support Rescue Services for the purpose of extricating victims from crashed vehicles and not to pass it - not even in part - or disclose it to third parties. As far as the law allows, he must also impose these obligations on his employees.
7.4 If third parties acquire the CRS Information, either because the User has passed it on or not ensured that it was not accessible to third parties, a penalty of EUR 5,000 per article of CRS Information is payable by the User to Moditech. This remedy does not affect the right of Moditech to claim compensation taking into account the penalty.
8. Material defects
The User will have no claims against Moditech for material defects in the CRS Information. The User's claims against Moditech for material defects in the CRS Information lapse immediately after the end of the access authorization. Other claims for malicious failure to disclose faults or assumption of a guarantee for quality are not affected.
9.1 If Moditech is held responsible by statute or under these Terms for damage caused by minor or gross
negligence, the liability of Moditech is limited as follows:
Liability will be only for the breach of obligations under the access authorization and is limited to typical damage foreseeable when the contract was concluded. This limitation does not apply to endangerment of life, limb or health. Where damage caused by minor negligence is covered by insurance (with the exception of fixed-sum insurance) taken out by the User for the claim concerned, the only liability (if any) of Moditech will be for associated damage to the User, e.g. higher insurance premiums or interest charged before the loss is settled by the insurance company.
9.2 The limitation in Clause 9.1 also applies to damage caused by any error in the CRS Information.
9.3 The above limits of liability do not apply to endangerment of life, limb or health, nor do they apply to damage caused by gross negligence by legal representatives or management personnel.
9.4 Regardless of Moditech's fault, any liability of Moditech for malicious concealment of the fault, assumption of a guarantee or a quality risk or under Product Liability laws is not affected.
9.5 Liability for default in delivery and compensation for failure of performance is governed conclusively by Clause 2.5.
9.6 The legal representatives, agents and staff of Moditech are not personally liable for damage due to minor negligence on their part. In other respects, the rules on liability applying to Moditech are applicable accordingly.
10. Data protection
The User's registration data are dealt with in confidence in accordance with applicable data protection rules. On request, the User may obtain information on any of its own User registration data stored by Moditech and has the right to correct, delete or block it.
11. Applicable law and place of jurisdiction
Any disputes arising from or in connection with these Terms and any access authorization or use of the CRS Information are subject to the law of the The Netherlands. The United Nations Convention of 11.4.1980 on international trade is not applicable. The place of performance and exclusive place of jurisdiction, unless otherwise ordered by statute, for any claims in connection with this contract is Alkmaar, The Netherlands.
12. Legal validity
The contract concluded on these Terms is binding even if individual clauses are legally invalid or omissions are found in its other parts. If a condition is wholly or partly invalid or contains omissions, the parties will immediately make every effort to find another way of legally reaching the economic intent of the invalid or defective condition.