The RouteXL service is made available to you via internet in the form of Software-as-a-Service by Mars Management Science (MMS), registered in Heiloo, with its principle place of business at Kennemerstraatweg 464, OF 1851.
The following Terms & Conditions apply to the use of RouteXL. By using RouteXL, you indicate your acceptance of these Terms & Conditions. Derogations from these general Terms & Conditions will only be binding if you have received written acceptance of this from MMS.
Article 1. The service and use thereof
1.1 RouteXL is made available to you for the purposes of route planning using the tools offered on RouteXL’;s website. You can choose yourself how to use the tools, and for which specific purposes.
1.2 MMS reserves the right to make registration compulsory for any or part of its services as they see fit. Once your registration is complete, you can log in to your account directly and use the service. MMS only keeps records of the history and user settings of registered users.
1.3 You must prevent unauthorised persons from accessing your account by employing a user name and password. In particular, ensure that your password remains strictly secret. Once you have registered with your user name and password, MMS will assume that everything done from your account has occurred under your control and supervision. You will therefore be liable for any such actions unless you have notified MMS that another person has knowledge of your password.
1.4 You can process personal data with RouteXL. MMS acts as a processor within the meaning of the Personal Data Protection Act. This means that you are the controller, and as such indemnify MMS from all claims of data subjects under this act.
Article 2. User regulations
2.1 It is forbidden to use RouteXL for acts that are in contravention of Dutch law or any other applicable laws and regulations. This includes the saving or distribution of information via the service that is libellous, defamatory or racist.
2.2 In particular, it is forbidden to use RouteXL in any way that could cause nuisance or hindrance to other users. This includes using your own scripts or programs to upload or download large amounts of data, or using the service excessively frequently.
2.3 If MMS discovers that you are violating the aforementioned conditions, or receives any complaint to this effect, MMS may take steps to end the violation. The provision in article 7.4 of these conditions will then apply.
2.4 If MMS finds that nuisance, damage or any other threat has arisen to the functioning of the computer systems or network of RouteXL or of third parties and/or the service provision via the internet, in particular due to the excessive calculation of routes or any other type of excessive use of the service, the leaking of personal data or the activity of viruses, Trojans and comparable software, MMS is entitled to take all measures that they reasonably consider necessary to avert or prevent this threat.
2.5 MMS is entitled at all times to report any criminal acts that they may discover. MMS is also entitled to reveal your name, address, IP address and other identification data to third parties who complain that you are violating their rights or these general Terms & Conditions, provided that the complaint can reasonably be assumed to be justified, that there is no other way of obtaining this information and that the third party has a clear interest in the information being divulged.
2.6 MMS has the right to recover any damage resulting from the violation of these rules of conduct from you. You indemnify MMS from all claims by third parties related to any damage that has arisen as a result of the violation of these conditions of use.
Article 3. Availability and maintenance
3.1 MMS makes every endeavour to ensure that the service is available, but does not guarantee uninterrupted availability.
3.2 MMS actively maintains the service. If it is anticipated that maintenance may lead to restricted availability, MMS will carry it out when use of the service is relatively low. Wherever possible, maintenance will be announced in advance. Maintenance related to emergencies may take place at any time and will not be announced in advance.
3.3 From time to time, MMS may adjust the functionality of RouteXL. Your feedback and suggestions on this topic are welcome, but ultimately, MMS will decide which adjustments will or will not be made.
3.4 MMS will make every effort to carry out maintenance as well as possible, but is also dependent in this respect upon its suppliers and third parties for updates and error repair software. MMS is entitled not to install certain updates if they consider that these will not facilitate the correct operation of the software or would not be in your interests.
Article 4. Intellectual property
4.1 The service RouteXL and the accompanying software, as well as all information and images on the website, are the intellectual property of Mars Management Science. They may not be copied or used in any manner whatsoever without explicit written permission from MMS, except in cases where this is permitted by law.
4.2 Information saved or processed by you via the service is and will remain your property (or that of your suppliers). MMS has a limited user right to use this information for the service, including future aspects thereof.
4.3 If you send information to RouteXL, such as feedback about an error or a suggestion for improvement, you thereby confer an unlimited and perpetual right to it to use this information for the service. This will not apply to any information that you explicitly mark as being confidential.
4.4 MMS will not take note of any information that you have saved and/or distributed via RouteXL unless this is necessary to provide a good service, or MMS is obliged to do so by virtue of a legal provision or court order. In the event of such a case, MMS will endeavour to limit its cognisance of information as much as possible insofar as this lies within its power.
Article 5. Payment for the service
5.1 The use of RouteXL for certain functions is subject to the payment of a fee. You will be notified of the cost of using the functions in question. Payment can be calculated per time unit, route and/or address.
5.2 Payment can be made via PayPal, by your transferring the amount personally to MMS’;s bank account, via iDeal, credit card, direct debit or according to the payment instructions on the website.
5.3 Because the service is delivered directly and at your explicit request, it is not possible to revoke a payment by invoking the Distance Selling Act.
Article 6. Best efforts obligation/limitation of liability
6.1 RouteXL will make every effort to provide an optimal route. Route optimisation is, however, a complex mathematical process for which there is currently no absolute scientific formula. For this reason, and also due to its dependence on the quality of data issued by third parties (particularly maps) MMS cannot give any guarantee of the absolute optimality of the calculated routes. MMS strives to achieve 95% optimality for 95% of the calculated routes.
6.2 MMS also does its utmost to place the addresses entered by the user at the correct location on the map and to translate locations to the correct addresses. MMS is not, however, able to guarantee that addresses and locations are 100% correct. The user remains responsible for checking that addresses and locations on the map are correct.
6.3 Instructions for navigation should be regarded as suggestions. Circumstances and traffic rules will always take precedence. The driver is obliged to exercise care and attention and is personally responsible for following the suggestions.
6.4 The provisions of articles 6.1 through 6.3 entail that MMS, except in the event of intent or deliberate recklessness, can never be held liable for any damage resulting from routes not being absolutely optimal and/or defects in the indication of addresses and locations on the map.
6.5 Except in the event of an intentional act or gross negligence, MMS’;s liability is limited to the amount paid in the three months prior to the time at which the damaging event occurred.
6.6 MMS is explicitly not liable for any indirect damage, consequential damage, lost profit, lost savings or losses due to business interruption.
6.7 A condition of any right to compensation that may arise is that you have reported the damage to MMS in writing within two months of its detection.
6.8 In the event of circumstances beyond one’s control, MMS is never bound to pay for any damage that this has caused. Circumstances beyond one’s control include disruptions to or failure of the internet and/or the telecommunications infrastructure, power failures, civil commotion, mobilization, war, traffic congestion, strikes, lock-outs, business interruptions, delayed supplies, fires and flooding.
Article 7. Termination and suspension of service
7.1 This agreement will enter into effect with your first use of the service and will continue for an unlimited period.
7.2 The agreement may be terminated at any time, with a notice period of one month to be calculated from the time of giving notice.
7.3 MMS may terminate the agreement if you have not logged in for a period of twelve months. The agreement will end automatically if a party is declared to be in a state of bankruptcy, applies for a suspension of payments or is subject to a general seizure of assets, dies, goes into liquidation or is dissolved.
7.4 MMS is entitled to suspend or withdraw the service, either temporarily or permanently, as a result of failure to fulfil any obligation towards MMS, unless this failure does not justify such suspension or cessation of the service in view of its minor importance.
7.5 At the end of the user agreement, MMS is entitled to delete all data it has saved for the purpose of providing the service. MMS is under no obligation to provide you with a copy of this data.
Article 8. Changes to the Terms & Conditions
8.1 MMS reserves the right to alter both these conditions and the prices at any time.
8.2 MMS will announce any changes or additions via the service at least thirty days before they enter into effect.
8.3 If you do not wish to accept a change or addition, you have the right to terminate the agreement up to the date on which it will enter into effect. If you make use of the service after this date, this will be taken as an indication that you accept the amended or supplemented conditions.
Article 9. Other Provisions
9.1 This agreement is governed by Dutch law.
9.2 Unless prescribed otherwise by mandatory law, all disputes related to RouteXL will be brought before the competent Dutch court in the district in which MMS is established.
9.3 If a provision of these user conditions stipulates that a notification must be given ‘in writing’, this condition is also fulfilled if the notification is given by email or a communication via the service’;s website, provided that it can be adequately established that the message is actually from the alleged sender and that the integrity of the message has not been impaired.
9.4 The version of the communication or information saved by MMS will be considered to be correct unless evidence is provided to the contrary.
9.5 If any provision in these user conditions should appear to be null and void, this will not affect the validity of the user conditions in their entirety. In such a case, the provision will be replaced by a new provision which comes as close to the meaning of the original provision as is legally possible.
9.6 MMS is entitled to transfer its rights and obligations arising from the agreement to any third party who may acquire from it either RouteXL or the business activity in question.
9.7 These General Terms & Conditions are drawn up in Dutch and English. In the event of any dispute concerning the text or how it should be interpreted, the Dutch text will prevail.