Terms of use - Cantel Augmented Reality APP

Version November 2021

The Terms of Use of the Cantel Augmented Reality APP (hereinafter: "App") describe the conditions under which the App can be used. The App is made available and managed by Rocketeers B.V. (Rocketeers) is located in Gemert at the address Dries 18, 5422 CV and registered with the Chamber of Commerce under number 83903968 The App has been developed on the instructions and under the responsibility of Medivators B.V. (Cantel) located in The Netherlands, having its office at Maastricht-Airport, hereinafter: "Cantel".

• Definitions 
  • Project:

The project was to show how various pieces of Cantel equipment look and how they possibly can be placed in a room or area. This Augmented Reality experience can give an idea of the options, but can’t be used as an exact guidance or replacement of construction and product drawings.

• App:

The Cantel Augmented Reality App is used to make some Cantel equipment visible (in e.g. the streetscape and/or field of vision) through AR.

• User:

The natural and/or legal person using the App.

• Device:

The device used by the User, being a cell phone (the most recent version of Apple or Android) with AR functionality, GPS support and (internet) connection.

• Terms of Use:

They are the conditions under which the App can be used.

• Privacy Statement:

The statement in which Cantel states how it handles the User's personal data.

Article 2 - Applicability

• These Terms of Use apply to the use of the App, including downloading and installing it. The         Terms of Use can be viewed on Cantel’s website https://cantelmedical.eu/in/ar-app/. User acknowledges that personal data will be processed in accordance with Cantel APP Privacy Policy https://www.cantelmedical.eu/in/privacy-policy/
• Cantel, its employees, management and all (legal) persons it engages for the implementation of the App may rely on these Terms.
• If any provision of these Terms of Use is found to be invalid, voidable or otherwise unenforceable, that shall not affect the validity and enforceability of the remaining provisions. The provision that proves to be invalid shall be converted into a provision that corresponds as closely as possible to the intention of the invalid provision.
• The User is granted a personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the App and all content included therein for his/her own use subject to these Terms of Use. This right is for a fixed duration, namely from the date of installation of the App until the end of the Project term, namely until written revocation by Cantel.

Article 3 - Use

• The User can download the App for free from the Apple App Store and Google Play Store.
• If the User is under eighteen (18) years of age, he must have the consent of his parent(s) or legal representative(s) to use the App. By accepting these Terms of Use, the User warrants that he is eighteen (18) years of age or older or has the consent of his parent(s) or legal representative(s).
• The effectiveness of the App depends on the Device used by the User and in particular the software and operating system used on the Device, being the most recent versions of Apple and Android. The Device must have AR functionality and (sufficient) GPS support.
• In order to use the App, the User must have a Device with (internet) connection.
• The User may terminate the use of the App at any time by deleting or uninstalling the App from his cell phone. The Terms of Use shall remain in full force and effect upon termination.
• The User is not permitted to copy, distribute, damage, overload, deassemble, compile, interfere with and/or impede the use and functioning of the App in any way.
• The User is not permitted to use the App in an improper manner or in a manner that could be detrimental to Cantel or its clients or third parties engaged by Cantel. This also applies to negative references to the App on social media.
• The User guarantees that he and his companions use the App safely, in compliance with laws and regulations and with consideration for the environment. In doing so, the risk of stepping backwards is explicitly pointed out, once the AR functionality is used. The User pays attention to his surroundings at all times.
• The User will not infringe on the rights of others. The User shall refrain from any activity that may result in injury, death, nuisance, damage or liability of any kind. The User shall indemnify Rocketeers against any third party claims arising in this regard.
• Cantel has the right at any time to modify the App, change and/or delete data, restrict the use of the App or deny the User access to the App in whole or in part, temporarily or permanently. Rocketeers also has the right to completely remove the App from the Apple App Store and Google Play upon the end of the Project.
• By downloading the App, the User represents and understands that:

1. The use and installation of the App is entirely at the risk and expense of the User;
2. Rocketeers cannot guarantee that the App will meet the User's needs;
3. Rocketeers does not provide technical support;
4. Rocketeers cannot guarantee that the App will be available and work on the Device without error, without defects, without viruses, without bugs and without interruptions;
5. Rocketeers cannot guarantee the security of the App.

Article 4 - Automatic updates

• Rocketeers may release updates to the App. Updates include improved functionalities, patches, bug fixes and plugins. The User can specify via the settings on his device whether the updates will be installed automatically.
  Rocketeers is not obliged to support old versions of the App and cannot guarantee their operation and availability. User agrees to receive and install automatic updates to the App.

Article 5 - Intellectual property rights

• Cantel or a third party engaged by Cantel is and will remain the owner of all pre-existing intellectual property rights relating to the App, including but not limited to copyrights on source code, logos, text images and other content.
• The User may not perform any acts that infringe upon or modify the intellectual property rights of Rocketeers and third parties engaged by it. It is expressly not permitted to copy or simplify the App and content without the prior written consent of Rocketeers.

Article 6 - Liability

• Rocketeers reserves the right to (un)announce temporary or permanent discontinuation of the App, without User being able to derive any rights from this.
• The possible liability of Rocketeers is limited to a maximum of € 1,000.00 (in words: one thousand euros) per event (whereby a series of related events counts as one event).
• Rocketeers is not liable for indirect damages arising out of or related to the installation and/or use of the App. Indirect damages include, but are not limited to, lost profits, loss of goodwill, reputation, lost savings and damage due to business interruption.
• In deviation from the statutory limitation periods, the limitation period for claims and defenses against Rocketeers is one year. A claim for compensation must be brought before the competent court under penalty of expiry within a period of one year after the User is aware of the damage or should be aware of it and suspects or could suspect that Rocketeers could be liable for it.
• The User shall indemnify Rocketeers against third party claims for damages arising from the use of the App.
• Rocketeers is not liable for damages of any kind, because Cantel has relied on inaccurate and/or incomplete data provided by User.
• Rocketeers is not liable for failures of the third parties it engages, except in the case of intent or gross negligence on the part of Rocketeers
• The limitations of liability do not apply if the damage is due to intent or deliberate recklessness on the part of Rocketeers or its managerial subordinates.

Article 7 - Measures around COVID-19 (coronavirus)

• The User undertakes to follow at all times the rules of the RIVM or other government agencies ("Rules") set in the context of limiting the spread of the coronavirus. Rocketeers is not responsible for enforcing these Rules. The User has its own responsibility.
• The User undertakes - subject to the provisions of Article 7.1 - to avoid crowded places and to maintain safe and appropriate contact with other users and other people in the (immediate) vicinity.
• The User is liable for direct and indirect damages arising from and/or related to the non-compliance with the Rules.

Article 8 - Amendments to the Terms of Use

• Rocketeers is entitled to unilaterally amend the content of these Terms and Conditions of Use in the interim. In the event that Rocketeers proceeds to do so, it will notify the User thereof while simultaneously sending the amended Terms and Conditions of Use. The amended Terms and Conditions of Use take effect from the moment of publication via the App and/or the website cantelmedical.eu/ar-app/ or on such date as stated in the announcement.
• For the User, if the content of the Terms and Conditions is substantially changed, he has the option of dissolving the agreement.

Article 9 - Applicable law

• The Terms of Use are governed exclusively by Dutch law.
• The Dutch court in Limburg, location Maastricht, has exclusive jurisdiction to hear disputes arising from or related to the Terms of Use.