Terms and Conditions

Version 1.1 (updated16 August 2022)
The use of the Anch App is subject to the terms and conditions below. We suggest that you carefully read these terms and conditions and keep a copy of the terms and conditions for ease of reference. By accessing and using the App, you acknowledge that you have read, understood and accepted, without reserve, these terms and conditions.
We reserve the right to modify, change or make corrections to these terms and conditions from time to time and without any prior notice. In such event, we will notify you that a new version of the terms and conditions is available.
  1. Definitions
 
  1. “App” means the Anch mobile application..
 
  1. “Content” means, but is not limited to text, graphics, icons, links and other similar material on the App.
 
  1. “Intellectual Property” means the copyright (including but not limited to literary (including database and computer programs) artistic, musical works, photographs, and sound recordings), patents, trademarks (including all related domain names and meta tags), confidential information, trade secrets and design rights (including all applications).
 
  1. “Software” means the software used to give you access to and use of the App.
 

  1. Permitted Use of the App
 
  1. We license to you, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access and use the App. You are entitled to display, use, download, and copy the current and future Content for personal, non-commercial and information purposes only and to upload Content in accordance with paragraph 2.5 below.
 
  1. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the Content on the App, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Anch.
 
  1. We do not guarantee that the App, or any Content or applications on it, will always be available or its use uninterrupted. Access to the App is permitted on a non-permanent basis.
 
  1. Anch neither warrants nor represents that your use of any Content displayed on it’s the App will not infringe rights of third parties.
 
  1. License Conditions
 
  1. Other than as agreed to above, you may not use, copy, adapt, redistribute or modify the Content or any part thereof or frame, mirror, datamine (by way of but not limited to, robots, crawlers or other similar programs) or cache the App or reverse engineer, copy, modify, re-distribute, decompile or create a derivative work of the App or Software, or any part thereof without prior written authorisation from us.
 
  1. You agree to supervise all usage by minors (younger than 16 years old or the equivalent minimum age depending on the concerned jurisdiction) of this App under your name or account. We do not offer products or services to minors.
 
  1. You may not assign, transfer or sublicense the rights pursuant to these terms and conditions.
 
  1. You may not use the App’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that are obscene, defamatory, racist or offensive in nature or may result in the infringement of any intellectual property.
 
  1. You may only upload material in accordance with paragraph 2.7 below.
 
  1. You acknowledge that your fair use and other rights are in no way affected by the above.
 
  1. Hyperlinks from the App
 
  1. The App may contain links to other websites operated by third parties. We do not: (i) endorse the operators and/or owners of third-party websites; (ii) operate or control any of the information, graphics and material on those third-party websites; (iii) guarantee that third-party websites will always be operational; or (iv) assume any responsibility for your use of third-party websites.
 
  1. We make no warranties or representations:
 
  1. on the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third-party website content or products or services available through any third-party website; and/or
 
  1. that third-party website content does not infringe the intellectual property rights of any person.
 
  1. We expressly disclaim acting in any respect on behalf of any third-party website operators and/or owners. Please note that third-party websites may be subject to their own terms of use and privacy policies different from those applicable to the App.
 
  1. Uploading Material to the App
 
  1. Whenever you make use of a feature that allows you to upload material to the App, or to make contact with other users of the App, you agree to comply with the content standards set out in clause 2.8 below. You warrant that any upload or contribution from you complies with those standards, and you indemnify us for any breach of that warranty.
 
  1. Material or contributions that you upload will either be uploaded to areas that are accessible to other App users or areas that are only accessible to you and us to enable us, or our appointed service providers, to operate the App.
 
  1. Any material or information that you upload to the App is protected and treated according to our Privacy Policy. We ask that you read our Privacy Policy carefully before providing us with any personal information.
 
  1. Any information or material communicated to us that is not personal information will be considered non-confidential and non-proprietary, and we reserve the right to use, copy, distribute and disclose to third-parties any such material for any purpose.
 
  1. You warrant that:  (i) you own any material and/or content submitted by you; (ii) the material and/or content is not defamatory in nature; and (iii) any use, copy, distribution or disclosure of such material and/or content will not violate any third-party’s rights.
 
  1. We have the right to disclose your identity to any third-party who is claiming that any material posted or uploaded by you to the App constitutes defamation, a violation of their intellectual property rights, or of their right to privacy, subject to reasonable prior notification to you.
 
  1. We will not be responsible, or liable to any third-party, for the content or accuracy of any materials posted by you or any other user of the App. Posts reflect the views and opinion of the author and not that of the owners and operators of the interactive services available on the App. If you feel that any submitted message on the App is questionable, we encourage you to notify us immediately.
 
  1. We have the right to remove any material or posting you make on the App if, in our opinion, such material does not comply with the content standards set out in 2.8 below.
 
  1. From time to time certain third-party content will be uploaded to the App. We have no control over the content of said uploads and shall not be liable for any claims or damages that may result from such uploads. If you feel that any of the content uploaded is inaccurate or offensive, we encourage you to notify us immediately.
 
  1. Content Standards
These content standards apply to any and all material and/or content that you contribute to the App (“Contributions”), and to any interactive services associated with the Contributions.
  1. Contributions may not:
 
  1. contain any material and/or content that is defamatory in nature, or any material which is obscene, offensive, hateful or inflammatory, or that promotes sexually explicit material, or violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
 
  1. infringe any intellectual property rights of any other person or be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
 
  1. promote any illegal activity or be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
 
  1. contain any damaging code or viruses, or any other software or programs that may interfere with or damage the operation of the Website or any other computer.
 
  1. You may not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way.
 

  1. Intellectual Property Rights
 
  1. The Intellectual Property available on the App or to be made available by us or any of our selected service providers or agents is the property of, or licensed to, Anch and may not be utilized outside the licensed terms as set out under these terms and conditions.
 
  1. All uploads by you to the App are your property. You hereby indemnify us against any claim whatsoever for the infringement of Intellectual Property of a third party or breach of confidentiality agreement between you and any third party as a result of an upload or submission from you to the App.
 
  1. The names, images and logos identifying us or third parties, and their services and products, are subject to copyright, design right and trademark protection. Unless specifically agreed to under these terms and conditions, nothing contained herein shall be construed as conferring any licence or right to use any trademark, design right or copyright of us or any other third party.
 
  1. Security
 
  1. It is important that your information or any communication between you and us is dealt with in the most secure manner reasonably possible, however because of the nature of the internet, we cannot guarantee that your interaction with us via the App is completely secure.
 
  1. To provide adequate security to all users of the App, and to monitor activities prohibited under law, you hereby grant us, or our appointed service provider(s), the right to intercept, monitor, block, read, delete or access all data sent to the App or any other communication facility made available by us.
 
  1. Virus Checks
 
  1. It is our policy to virus check documents and files before they are posted on the App. However, we cannot guarantee that documents or files downloaded from the App will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus checking software when using the App. Further, you may not post or provide to us with any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via the App.
 
  1. You hereby indemnify us and our service providers and affiliates against any possible damages, expenses or losses as a result of the delivery of computer programs or any other code that may damage the App or our infrastructure or our service provider’s infrastructure.
 
  1. Username and Passwords
 
  1. Only residents (including tenants and owners) of a Anch customer estate will be able to register on the App and obtain a user account.
 
  1. The information we capture during the registration process will be handled in terms of our Privacy Policy.
 
  1. On registration you will receive a username and password to login to the App and associated. You agree that: (i) you are responsible for ensuring that no unauthorised access to the App is obtained using your username and password; (ii) you will keep the username and password secure; (iii) you will not permit any third-party to use the username and password to access the App; (iv) you will be liable for all such activities conducted pursuant to such use, whether authorised or not, whether utilised from your device or not.
 
  1. Your username and password are our property and we have the right, subject to these terms and conditions, to deny you access to the App at any time.
 
  1. Your account will be deactivated, or you will no longer be able to utilise certain functionalities of the App nor will third parties be able to add or remove information from your account, if you breach any of these terms and conditions.
 
  1. If you know or suspect that anyone other than you know your password, you must promptly notify us at [email protected]
 
  1. Privacy Policy
We collect and process your personal information in accordance with our Privacy Policy. The terms of our Privacy Policy are important, and we suggest that you properly acquaint yourself with the them.
  1. Limitation of Liability
 
  1. The App and all materials found on the App are intended for information purposes and provided "as is" without any warranty, representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, software or services, or that our App will be uninterrupted or error-free, unless otherwise entitled under law.
 
  1. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the App. We may make changes / amendments to the App, the policies, information described in the materials or content of these terms and conditions, at any time without notice. Any changes shall take effect upon posting to the App. We make no commitment to update the materials and may discontinue any part of the App or product or services or certain software or version of certain software for the utilisation of the App.
 
  1. Anch, its directors, employees or its service providers will not be liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or data, loss of revenue, anticipated savings, goodwill, reputation or any delays, whether in an action in contract or delict, arising out of the use or inability to use the App or performance of the App or non-performance of the App.
 
  1. Anch will not be liable for any damages or losses, of any nature, sustained by any person which may occur as a result of the inability of a user or visitor to gain access to a customer estate and/or any unauthorised access of any person to the customer estate (whether as a result of the hardware, software or otherwise).
 
  1. We will not be liable to you for any default or delay in the performance of the App, and related services, if and to the extent that such default or delay is caused by any act of god, war or civil disturbance, labour unrest, court order, or any other circumstance beyond our reasonable control including fluctuations in communications or utility services ("force majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by the us through the use of alternative sources, workaround plans or other means.
 
  1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
 
  1. Agreement(s) and E-communications
 
  1. You agree that:
 
  1. you are at least 16 years of age (or the equivalent minimum age depending on the concerned jurisdiction) and possess the legal capacity and ability to enter into this agreement and to use the App in accordance with all terms and conditions herein;
 
  1. if you are under 16 years of age (or the equivalent minimum age depending on the concerned jurisdiction), you will first get your parent/guardian's permission whenever you provide personal information on the App;
 
  1. all information that is incorporated by using hyperlinks and/or other methods of reference form part of the terms and conditions;
 
  1. this agreement is concluded at our place of business when you access our App and by adding a tick to the “Accept Terms and Conditions” box and clicking on Login / Register. Additional terms and conditions may apply in the App for specific services for third-party functionality.
 
  1. Time and Place of communication, dispatch and receipt
 
  1. A data message sent from us to you: (i) has been sent from our physical address; and (ii) is deemed to be received by you when the complete message is outside the control of our systems (i.e. has left our system);
 
  1. A data messages sent from you to us is deemed to be received by us only when we respond thereto.
 
  1. Expression of intent
For purposes of electronic communications between you and us, no electronic signature is required - the mere sending of data messages or adding the tick to the applicable box and subsequent click on ‘Login’ demonstrates your intent to be a party to this agreement or any subsequent agreement.
  1. Attribution of data messages to originator
You agree and warrant that the data message sent under your login credentials (i.e. username and password), to us was sent by you or a person that has authority to act on your behalf in respect of the data message.
  1. Breach and Termination
 
  1. We will determine, in our discretion, whether there has been a breach of these terms and conditions, and we may take such action as we deem appropriate.
 
  1. Failure to comply with these terms and conditions constitutes a material breach of the agreement upon which you are permitted to use the App, and may result in our taking all or any of the following actions:
 
  1. immediate, temporary or permanent withdrawal of your right to use the App;
 
  1. immediate, temporary or permanent removal of any posting or material uploaded by you to the App;
 
  1. issuance of a warning to you;
 
  1. institution of legal proceedings against you for damages and/or loss sustained by us (including legal costs on the attorney and own client scale); and/or
 
  1. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
 
  1. We exclude liability for actions taken in response to any breach of these terms and conditions. The actions described above are not exhaustive, and we may take any other action we deem reasonably appropriate.
 
  1. General and miscellaneous
 
  1. Sole record of agreement
 
  1. These terms and conditions constitute the sole record of the agreement between you and us relating to the use of the App. Any other terms or conditions issued by us and governing our relationship with you, and in particular relating to any service or purchase of product, shall supplement these terms and conditions. In the event of any inconsistency between these terms and conditions and any subsequently issued supplementary terms and conditions, the latter terms or conditions shall prevail over these terms and conditions.
 
  1. Every time you access the App, the terms and conditions available at that time will apply to the agreement between you and us.
 
  1. No amendments except in writing
 
  1. We may revise these terms and conditions at any time. Any amended or new terms and conditions will be valid from the moment we upload them to the App. Using the App or any part thereof after Login implies that you agree to the amended or new terms and conditions available to you. We will endeavour to notify you if there are new or amended terms and conditions. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the App.
 
  1. No data message, including but not limited to an e-mail, SMS and recorded voice message, sent by you to us shall amend these terms and conditions or the rights and duties of the parties in any manner, unless such a data message is reduced to writing on paper and signed by the parties.
 
  1. Waivers
No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
  1. Survival of obligations
Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this agreement shall survive any termination or expiration of this agreement and continue in full force and effect.
  1. Severability
If any one or more of the clauses of these terms and conditions is declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions are to be performed, including this clause, then the offending clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected.
  1. Applicable and Governing Law
These terms and conditions shall be governed by and interpreted in accordance with the laws of the Netherlands, which shall have exclusive jurisdiction over any