cally.com General Terms and Conditions
Our General Terms and Conditions are set out below. They apply each time you use the Services we provide. These General Terms and Conditions contain important information for you as a User so please ensure you read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can re-read them at a later point in time.
- Account means the User's personal account with which he or she accesses the Service on cally.com's Website.
- General Terms and Conditions means these General Terms and Conditions.
- Consumer means a natural person who, not acting in a professional or business capacity, concludes an Agreement with Kompas Meet B.V. and/or has registered on the Website.
- cally.com means the company Kompas Meet B.V., established at Tempeliersstraat 20A, 2012 ED Haarlem and registered with the Chamber of Commerce under number 90669304.
- Service(s) means the services as described in the Agreement.
- Right of withdrawal means the possibility afforded to the Consumer to decide, within the cooling-off period, not to proceed with the distance Agreement.
- User means a Consumer or Business Customer.
- Agreement means any arrangement or agreement between cally.com and the User, of which the present Terms and Conditions form part.
- Website means cally.com's website, which can be accessed at www.cally.com, including all accompanying domains or sub-domains.
- Business Customer means a natural person or legal person who or which, not acting in a professional or business capacity, concludes an Agreement with cally.com and/or has registered on the Website.
Applicability of the General Terms and Conditions
- These General Terms and Conditions apply to all the offers of, Agreements with and supplies by cally.com, unless expressly agreed otherwise in writing.
- If the User incorporates provisions or terms or conditions in his or her order, confirmation or notice of acceptance which differ from or are not included in the General Terms and Conditions, these will be binding on cally.com only if and insofar as cally.com has expressly accepted them in writing.
- Some functionalities require the creation of an Account in order to use the cally.com Service. In order to use the Service without an Account, all that is required is a name and valid email address which cally.com can use to send the User a link to manage its scheduled appointment. Accounts can be created by registering using the registration form/account registration option on the Website.
- During the Accounts registration process, the User chooses a user name and password with which the User can log in to the Website after registration. The User is responsible for choosing a sufficiently reliable password.
- The User must keep their login details, username and password strictly confidential. cally.com will not be responsible for misuse of the login details, and may assume that a User who has logged into the Service is the actual User. All the activities carried out through the User's Account are the responsibility and at the risk of the User.
- If the User knows or has reason to suspect that their login details have become available to unauthorised parties, the User must change their password as soon as possible and/or notify cally.com accordingly so as to allow cally.com to take appropriate measures.
- cally.com is entitled to delete the User's Account linked to a "Basic" Subscription if the User has not logged in for twelve months. In that case, cally.com will first email a reminder to the email address linked to that User.
Prices and information
- A fee is due for the use of certain functionalities of the Service. The User will find details of the applicable fees on the Website.
- All prices quoted on the Website and include VAT and other government levies, unless the Website states otherwise.
- The content of the Website has been compiled with the greatest possible care. However, cally.com cannot guarantee that all the information on the Website is correct and complete at all times. All prices and other information provided on the Website and in other material issued by cally.com are therefore subject to evident programming and typing errors.
Formation of the Agreement
- The Agreement will be formed at the moment when the User accepts cally.com’s offer and fulfils the conditions set by cally.com in that context.
- If the User accepted the offer electronically, cally.com will immediately confirm receipt of the acceptance of the offer electronically. The User will have the option of terminating the Agreement until receipt of that acceptance has been confirmed.
- If it turns out that the User provided incorrect information when accepting the offer or otherwise concluding the Agreement, cally.com will have the right to suspend fulfilment of its obligation until the correct information has been received.
- cally.com may, within the statutory parameters, investigate whether the User is able to meet his or her payment obligations, as well as verify the facts and factors relevant to the responsible conclusion of the Agreement. If, following this investigation, cally.com has good reason not to conclude the Agreement, it will be entitled to refuse an order or request, giving its reasons, or to attach conditions to the fulfilment of an order, such as payment in advance.
Performance of the Agreement
- Subject to the restrictions in these General Terms and Conditions, cally.com will make the Service available to the User during the term of the Agreement. The User has a non-exclusive right of use for the duration of the Agreement and with regard to the Service.
- The User is personally responsible for entering the correct data, including the data required for creating their Account, date of events, email addresses of invitees, etc. The User is also personally responsible for obtaining the consent of the invitees to invitations being sent. cally.com will not be liable for any data, correct or otherwise, entered by the User.
USE OF PLUS SUBSCRIPTION (PAID)
- Users who have purchased a "Plus" Subscription are given access to all "Basic" package features described on the Website, including additional functionalities as stated on the Website. Access to this Subscription is limited to a maximum of (1) user, unless indicated otherwise.
- During the term of the "Plus" Subscription, the User will have access to the Service uninterrupted by advertisements.
- Upon termination of the Subscription, the added documents and the agreements maintained will cease to apply.
USE OF THE BASIC SUBSCRIPTION (FREE)
- Users who purchase a "Basic" Subscription are given an overview of all current and future agreements.
- During the use of the Service, the User will be given the opportunity to add an address book containing groups.
- When using the "Basic" package, the additional features of the "Plus" Subscription set out in paragraph 6.3 do not apply. Advertisements are shown with the "Basic" Subscription.
Right of withdrawal
- This clause applies only if the User is a Consumer. Business Customers therefore have no right of withdrawal.
- The Consumer has the right to terminate the Agreement concluded remotely with cally.com with regard to the paid-for Services (the Plus Subscription) within fourteen (14) days, without stating reasons, free of charge.
- The withdrawal period commences on the day following the conclusion of the Agreement.
- The Consumer may terminate the Agreement during the period specified in paragraph 2 of this clause by transmitting the model withdrawal form, which may be found in Appendix 1, in digital form to cally.com, or by otherwise notifying cally.com in an unambiguous manner that he or she is cancelling the purchase. In the event of a digital notification, cally.com will confirm receipt of that notification. After termination, the Consumer will no longer have access to the "Plus" Subscription.
- Any amounts already paid or prepaid by the Consumer will be refunded to the Consumer as soon as possible, but in any case within fourteen (14) days of the termination of the Agreement, by the same method which the Consumer used to pay for the order.
- Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
- The User must pay the amounts due to cally.com using the payment methods specified in the ordering procedure and on the Website. cally.com is free to provide any payment method of its choice and may change these methods at any time.
- In principle, the payment term stated on the Website applies when the Agreement is concluded. If no payment term has been agreed, a payment term of fourteen (14) days after the invoice date will apply.
- If the User fails to comply with his or her payment obligation pursuant to an Agreement in good time, cally.com will be entitled to suspend performance of the Agreement until the User has complied with its payment obligation.
- If the User fails to meet his or her payment obligation or obligation in time and, having been notified by cally.com that payment is overdue and offered a period of fourteen (14) days in which to meet the payment obligation, fails to effect payment within this 14-day period, the User will owe interest at the statutory rate on the outstanding amount, and cally.com will be entitled to pass on the extrajudicial collection costs it has incurred to the User in accordance with the Extrajudicial Collection Costs (Fees) Decree (BIK).
- If the User has a complaint about the service provided by cally.com, he or she can submit a complaint to cally.com by email. Complaints regarding the performance of the Agreement must be submitted to cally.com within a reasonable period of time after the User has discovered the defects. See the contact details at the bottom of the General Terms and Conditions.
- cally.com will respond to the complaint as soon as possible, and in any case within fourteen (14) days of receipt of the complaint. If it is not yet possible for cally.com to formulate a substantive reaction by that time, cally.com will confirm receipt of the complaint within fourteen (14) days of its receipt and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the User’s complaint.
- Consumers can also lodge a complaint via the European dispute resolution platform, accessible via https://ec.europa.eu/odr/.
- This Clause applies only to Business Customers.
- cally.com’s total liability to the Business Customer due to attributable failure to perform the Agreement is limited to compensation not exceeding the amount of the price paid by the Business Customer under that Agreement (excluding VAT), subject to a maximum of € 500.
- cally.com disclaims any liability to the Business Customer for indirect losses, in any case including – but expressly not limited to – consequential losses, lost profits, lost savings, data losses and losses due to business interruption.
- Except for the cases referred to in the preceding two paragraphs of this clause, cally.com will not be liable to pay the Business Customer any compensation whatsoever, regardless of the grounds on which an action for compensation may be based. Any limitation or exclusion of liability contained in the Agreement or the General Terms and Conditions will not apply if and in so far as the damage is the result of wilful intent or deliberate recklessness on the part of cally.com or in the event of damage caused by death or serious physical injury.
- cally.com will only be liable to the Business Customer on account of attributable failure to perform an Agreement if the Business Customer promptly gives cally.com proper notice of default in writing, specifying a reasonable period of time in which to remedy the failure, and cally.com still fails to fulfil its obligations after that period has expired. The notice of default must describe the non-compliance in the greatest possible detail, so as to enable cally.com to provide an adequate response.
- Any right to claim compensation will at all times be subject to the condition that the Business Customer sends cally.com written notification of the loss within thirty (30) days after it has arisen.
- In the event of force majeure, cally.com will in no circumstances be liable to compensate the Business Customer for any loss suffered by the latter as a result. Force majeure occurs, inter alia, in the event of disruptions or failures of the internet, the telecommunications infrastructure and power failures.
Term, cancellation, extension and suspension
- The "Basic" Subscription is free of charge and is entered into for an indefinite period of time. The Parties may terminate "Basic" Subscriptions at any time.
- The "Plus" Subscription is entered into for a period of one year, unless agreed otherwise, and commences as soon as the User has complied with its payment obligation.
- After the initial (minimum) term, the "Plus" Subscription is renewed automatically for an indefinite period of time and can then be terminated with due observance of a notice period of one month, calculated from the time of cancellation.
- Cancellations by the User must be effected by emailing cally.com, unless cally.com also provides another procedure for cancellation.
- cally.com is entitled to delete all data added by the User at the time the Service is terminated. Upon request and at an additional price, cally.com may provide you with a copy of the stored data, to the extent permitted by law. Inquiries about the options and costs. Such requests must be submitted before the Service is terminated or cancelled.
- cally.com processes personal User data in accordance with the privacy statement published on the Website.
- The Agreement is subject to Dutch law. If the User is a natural person not acting in a professional or business capacity, this choice of law will not affect the protection which the User enjoys under the mandatory law of his or her place of residence.
- To the extent that the rules of mandatory law do not prescribe otherwise, all disputes that may arise from the Agreement will be submitted to the competent Dutch court in the district in which cally.com has its offices.
- If any provisions in the Agreement are declared null and void, this will not affect the validity of the entire Agreement. In that case, the parties will replace that provision by one or more new provisions that will reflect the purpose of the original provision as closely as is possible under the law.
- The term ‘written’ in these General Terms and Conditions also refers to communication by email or by any other electronic means of communication, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
- In the event of inconsistencies in the interpretation of these General Terms and Conditions, the Dutch version of the General Terms and Conditions will prevail.
If you should have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Kompas Meet B.V.
2012 ED Haarlem
Chamber of Commerce number: 90669304
VAT number: NL 865399396B01