REFQ terms and conditions of use
The reference tool is the number one way to obtain, store and share your references. The reference tool is offered online by REFQ B.V. The following conditions apply to the use of the reference tool. By creating an account, you agree to these conditions.
Any deviations or additions to these conditions are only binding if REFQ has agreed to them in writing.
Article 1. Use of the reference tool
1.1 The reference tool can be used to obtain, store and share personal references.
1.2 To use the reference tool, you must first create an account. Once your registration is complete, you can log in and use the tool straight away.
1.3 We expect you to protect your account from unauthorised access. REFQ can assume that all actions performed via your account are conducted and controlled by you. You are therefore responsible for all of these actions unless you have reported to REFQ that somebody else knows your password.
1.4 The procurement of references by REFQ requires processing of your personal details. References about you are also classified as personal details. In order for REFQ to obtain references for you, you must give us permission for all types of storage and processing of data within the scope of the reference tool. To ensure that you are wilfully giving us permission, we ask for your agreement upon every new reference.
Article 2. User rules
2.1 It is prohibited to use REFQ for any actions that violate Dutch law or any other applicable legislation. Amongst other matters, this includes storage and distribution of any information via the reference tool that is libellous, defamatory or racist, or placement of information or experiences that are not based on the truth.
2.2 The following actions are also prohibited:
• distribution of information that violates copyright law or placement of hyperlinks to such information;
• violation of the personal life of third parties either unnecessarily or without their permission, for example, by sharing personal information about third parties or repeatedly pestering third parties with communication that is undesirable to them.
All actions considered a breach of netiquette are also prohibited.
2.3 If REFQ determines that or receives a complaint that you are in violation of the above conditions, then you will be issued with a warning. If this warning does not result in an acceptable solution, then REFQ can intervene to resolve the violation. In urgent or serious cases, REFQ can intervene without warning.
2.4 If, in REFQ's opinion, inconvenience, damage or any other hazard to the function of the computer systems or network of REFQ or third parties and/or to the services via the internet has been created, in particular by means of excessive sending of e-mails or other data, data leaks, or activities conducted by viruses, Trojans or similar software, then REFQ is entitled to take any and all measures that it considers necessary in order to eliminate or prevent this threat.
2.5 At all times, REFQ is entitled to report any punishable offences that it identifies. Furthermore, REFQ is entitled to provide your name, address, IP address and other identification details to third parties who report that you have infringed upon their rights or these general terms and conditions, provided that the accuracy of the report in question is reasonably and sufficiently plausible, that there is no other way to obtain these details and that the third party in question has a clear interest in the provision of these details.
2.6 REFQ can recover any damage or losses resulting from violation of these rules of conduct. You indemnify REFQ from all claims by third parties relating to the information provided by you or your referees.
Article 3. Availability and maintenance
3.1 REFQ strives to make the reference tool available at all times, although uninterrupted availability cannot be guaranteed.
3.2 REFQ conducts active maintenance on the reference tool. If maintenance work is expected to result in reduced accessibility, then we will perform this work at a time when use of the reference tool is relatively limited. Whenever possible, prior notice of such maintenance work will be given. Maintenance resulting from emergencies can take place at any moment and will not be announced in advance.
3.3 REFQ can adjust the functionality of the reference tool. Any feedback and suggestions in this regard are welcome, but ultimately it is REFQ that decides whether or not to make adjustments.
Article 4. Intellectual property
4.1 The reference tool, the related software, the questionnaires and all information and images on the website are the intellectual property of REFQ. These may not be reproduced or used in any way whatsoever without written permission from REFQ.
4.2 Information that you publish or store via the reference tool remains your property (or that of your referees). REFQ will never share your personal details, including the references obtained by you, without your express permission.
4.3 REFQ retains a right of use to analyse the collected and anonymised data and use it for the purposes of the reference tool and everything relating to it.
4.4 This right of use no longer applies upon submission of a request to delete your account.
4.5 If you send information to REFQ such as feedback regarding an error or a suggestion for an improvement, then you grant us the unlimited and perpetual right to use this information for the purposes of our service. This does not apply to information that you explicitly indicate to be confidential.
4.6 If REFQ discovers that your references have been acquired by third-party websites, then REFQ is entitled to take action in this matter either in its own name or on your behalf. All costs of such action will be borne by REFQ, although your co-operation in the matter will be required. This clause does not prevent you from publishing your references elsewhere: it relates only to action against unauthorised or undesired copying of references.
Article 5. Reimbursement for the service
5.1 Use of the reference tool is free of charge.
Article 6. Liability
6.1 REFQ accepts no liability whatsoever for the use of the reference tool.
6.2 REFQ is explicitly not liable for any indirect damage, loss or injury, loss of profits, missed cost-saving opportunities or losses due to business interruption.
Article 7. Duration and termination
7.1 This agreement comes into effect upon your first use of the reference tool and remains in force until you terminate your account.
7.2 You can terminate the agreement at any time. To do so, send an e-mail to firstname.lastname@example.org and we will delete your account in accordance with the applicable procedure.
7.3 REFQ is entitled to terminate the agreement in the event that you make no use of the reference tool for a period of eighteen months. In such cases, we will first send an e-mail reminder to the e-mail address associated with your account.
Article 8. Changes to prices and conditions
8.1 REFQ is entitled to change these terms and conditions at any moment.
8.2 Any changes or additions to these terms and conditions will be announced via the service at least thirty days before they come into effect. This gives you time to familiarise yourself with the changes.
8.3 If you do not agree to the changes or additions, then you can terminate the agreement at any time until the moment that they come into force. Use of the service after the date on which the changes/additions come into force constitutes acceptance of the amendments/additions to the terms and conditions.
Article 9. Other provisions
9.1 This agreement is subject to Dutch law.
9.2 Provided the mandatory rules of law do not prescribe otherwise, all disputes relating to REFQ will be presented to the competent Dutch court in the judicial district in which REFQ is established.
9.3 If a provision in these terms and conditions of use requires that an announcement must be made 'in writing', then this requirement is satisfied if the announcement is made via e-mail or communication via the service, provided that it is sufficiently certain that the message truly originated from the alleged sender and that the integrity of the message has not been compromised.
9.4 The version of communication as stored by REFQ is considered to be accurate, unless you can provide evidence to the contrary in this regard.
9.5 If a provision in the terms and conditions of use is found to be invalid, then this does not affect the validity of the whole set of terms and conditions of use. In such cases, the parties involved will create one or more new provisions to replace the invalid provision(s), and the new provision(s) must be designed to reflect the meaning of the original provision(s) to the greatest extent possible under the law.
9.6 REFQ is entitled to transfer its rights and obligations stemming from the agreement to a third party designated to take over REFQ or a particular REFQ business activity.