These Terms and Conditions cover the DuKo-app issued by Stichting DuKo Student (hereafter: DuKo).
ARTICLE 1. DEFINITIONS
The following definitions are used in these Terms and Conditions:
1. Acceptor: the company and/or institution accepting the DuKo-app to grant discounts.
2. DuKo: the foundation Stichting DuKo Student, based in Utrecht.
3. DuKo-website: the website of DuKo.
4. DuKo-app: the DuKo-app issued to the Applicant by DuKo
5. Activation code: the code the Applicant uses to get access to using the DuKo-app.
6. Activation contribution: the annual fee payable by the User for the DuKo-app.
7. Applicant: the person (m/f/o) requesting use of a DuKo-app.
8. User: owner (m/f/o) of a DuKo-app.
9. Point of sale: the organisation at which Activation codes are sold.
10. Documentation: the product information, prices and conditions provided in writing by DuKo to the User specifically and which relate tot he DuKo-app and its use.
11. Agreement: the agreement between the User and DuKo on the matter of the DuKo-app. The Agreement consists of the Documentation, these Terms and Conditions and any additional written agreements, regulations and conditions.
ARTICLE 2. START, DURATION AND TERMINATION OF THE AGREEMENT
1. Payment and acceptance by DuKo: In applying for a DuKo-app, the Applicant pays DuKo the Activation contribution through an online payment or at a relevant Point of sale.
2. Duration of the Agreement: A DuKo-app is issued with the validity of one year (365 days) up to the same date in the next calendar year, starting as from the day of activating the DuKo-app.
3. Extension and Cancellation: Seven days before termination of the Agreement, the User is notified about the possibility that he/she can extend the Agreement by paying the Activation contribution through an online payment. If the User makes no use of this possibility, the Agreement will be terminated. The User receives a confirmation of the cancellation.
4. Refund of the Activation contribution: If the User believes it is entitled to a refund of the Activation contribution, User needs to send an email with the reason for refund to email@example.com. DuKo will inform the User via email whether or not the request for refund will be met.
5. Termination: DuKo applies the condition that Users need to be students. The right to use the DuKo-app lapses if DuKo notices that the User misuses the DuKo-app.
6. Acceptance: DuKo is free to deny, without reason, an Agreement with the Applicant or the extension of an already existing Agreement.
ARTICLE 3. GENERAL OBLIGATIONS AND INDEMNITIES DUKO
1. DuKo informs the User on which Acceptors accept the DuKo-app as means of discount, by means of the publication in article 3.4, the website www.dukostudent.nl and through email. We are committed to updating this information regularly. The product offerings of the participating Acceptors and their offered discount can be subject to interim changes.
2. Before purchasing a product the User needs to ask for a discount him- or herself. The Acceptor determines whether and under what conditions the discount is granted. DuKo accepts no liability if the discount is not granted.
3. Despite DuKo’s commitment to communicate the correct and most up to date discount schemes, it might be possible that a discount is not or incorrectly mentioned by DuKo. In such a case, DuKo is not required to grant retrospective compensation or compensate Users in any other way for missing or incorrectly granted discount. DuKo is not party to the transaction between the User and the Acceptor. DuKo is also not obliged to mediate between the User and Acceptor in any dispute on the discount or the amount thereof.
4. The DuKo-app may include a publication, in which the User is informed periodically about (cultural) information and offers that fit within the DuKo-concept.
5. DuKo accepts no liability for malfunctions of the website www.dukostudent.nl.
6. DuKo’s liability is in all cases limited to the amount paid by the User as Activation contribution (one-off) to DuKo.
7. The results of prize draws are final. DuKo shall at all times have the right to change, modify or cancel prize conditions unilaterally and without notice. DuKo may explain the participants’ registration and right to the prize void in case of evidence of improper use/participation (fraud). DuKo accepts no liability for any (personal) damage resulting from actions, promotions and activities.
ARTICLE 4. GENERAL OBLIGATIONS OF THE USER
1. The User must communicate data changes and any other change relevant to the implementation of the Agreement as soon as possible to DuKo.
2. The DuKo-app should not be used for illegal purposes.
3. The User will only be eligible for discount and promotions if the User has registered correctly.
ARTICLE 5. LOSS, THEFT AND ABUSE
The DuKo-app is personal. If the DuKo-app becomes unusable at the hands of the User, he/she can request a new Activation code and pay online or at a Point of sale.
ARTICLE 6. ANNUAL ACTIVATION CONTRIBUTION
The Applicant must pay a one-off Activation contribution of € 4,49 incl. VAT, unless explicitly agreed otherwise. When the User extends his/her use of the DuKo-app as under article 2.3, the price of an Activation contribution is € 4,49, even if the DuKo-app was purchased before with discount. Upon termination of the Agreement during a current year there is no refund other than based on article 2.5 of these Terms and Conditions.
ARTICLE 7. PERSONAL DATA
1. DuKo respects the privacy of visitors and Users of the DuKo-website and the DuKo-app and ensures that they are treated confidentially.
2. The personal data of the User are recorded in our database and will be treated confidentially and in accordance with the Wet Bescherming Persoonsgegevens (Data Protection Act). DuKo uses the User’s personal data for communication, verification and newsletters. The personal data are under no circumstances passed on to external parties.
3. DuKo uses Google Analytics to collect visitor and user statistics on the DuKo-website and DuKo-app and to compile assessments in order to gain insight in the use of the DuKo-website and DuKo-app. Google only has insight in anonymised visitor and user statistics. The information collected by Google is stored at Google’s servers. DuKo uses the anonymous statistics to communicate to Acceptors (= stores) and for promotional purposes.
4. DuKo uses a cookie when you visit the DuKo-website. This cookie is a small text file that applies to the login process. Cookies are not harmful to your computer.
5. DuKo uses external websites to add functionality to the DuKo-website and DuKo-app. We offer the possibility to share articles on social media through share-buttons of Facebook, Twitter and LinkedIn. Also, YouTube videos are inserted. All these scripts record information on your computer, often to make sure your user experience is as pleasant as possible, but also to enrich the profile of you they keep track of.
ARTICLE 8. AMENDMENTS TO THE AGREEMENT
DuKo is at all times authorized to change or add to this Agreement by means of notification to the User. Notification shall take place through e-mail or www.dukostudent.nl. If the User does not agree to the change and/or supplement, he/she is entitled to terminate the Agreement within a month after such notification. If the User does not exercises this right or continues to use the DuKo-app, the User agrees to the changed Agreement.
ARTICLE 9. OTHER PROVISIONS
1. The DuKo-app is strictly personal and not transferable. DuKo is entitled to transfer or outsource the process of paying the Activation contribution to third parties, subject to compliance with the requirements of legal preconditions.
2. The Agreement is governed by Dutch law. Any disputes that cannot be resolved by mutual agreement shall be submitted exclusively to the competent court in Utrecht.
ARTIKEL 10. LIABILITY
DuKo accepts no liability for any damages whatsoever, whatever the legal basis on which the claim for compensation is based, related to products or services purchased by the User using the DuKo-app. For any complaints about the purchased products and services, the User can solely turn to the Acceptors.
ARTICLE 11. CORRESPONDENCE/ADRESS CHANGES
Correspondence relating to DuKo (such as correspondence on promotions) will be sent to the User at its last registered email address at DuKo. In case of a change of address, the User can change his/her email adress in his/her personal account at the DuKo-website or DuKo-app.
ARTICLE 12. COMPLAINTS AND COMMENTS
Despite all care taken for our services it might occur that Users are unsatisfied. Complaints or comments can be mailed to firstname.lastname@example.org. We try to deal with complaints or concerns as quickly and as good as possible.
ARTICLE 13. CHANGES TO THE TERMS AND CONDITIONS
If these Terms and Conditions change, the User agrees to the application of the new Terms and Conditions by continuing to use of the DuKo-app.