Terms and Conditions
STP Groep B.V.
Terms and Conditions for Fidur Free Account
About Fidur
Fidur is a trading name of STP Groep B.V., a company incorporated under the laws of Netherlands with Chamber of Commerce Company ID. No. :24378971, its registered office at Beijerlandselaan 184B, 3074ES Rotterdam, Netherlands, and registered in the public registers of De Nederlandsche Bank (DNB).
Scope of these Terms and Conditions
These Terms and Conditions govern the opening, use and closure of your Fidur online Account as referred to herein. Together with any other terms and conditions referred to in these Terms and Conditions, they constitute the “Agreement” between you and Fidur. For the use of additional products or services you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these Terms and Conditions for future reference. You can always view the current Terms and Conditions on our Mobile Application for Fidur online Account.
Depending on the type of Fidur Account you have, additional terms and conditions may apply as communicated to you at the appropriate time. In the event of any conflict between the additional terms and conditions and these Terms and Conditions, the former shall come first.
Your Fidur online Account
Fidur online Account is an account that allows you to review and experience Fidur Application without any commitment, obligation or benefit from your side .
Opening Your Fidur online Account
In order to review and experience Fidur Mobile Application you must first open a Fidur online Account by registering your details on our Mobile Application. As part of the signup process you will need to accept these Terms of Conditions and read our Privacy Statement and you must have legal capacity to accept the same. If you order additional products or services, you may be asked to accept additional terms of use.
You must be 18 years or older to use our services and products and by opening a Fidur online Account you declare that you are 18 years or older. This does not apply to products or services for which we set a different age limit. We may require at any time that you provide evidence of your age.
You may only open one Fidur online Account unless we explicitly approve the opening of additional accounts.
You may only open a Fidur online Account if it is legal to do so in your country of residence. By opening a Fidur online Account you represent and warrant to us that your opening of a Fidur online Account does not violate any laws or regulations applicable to you. You shall pay us the amount of any losses we incur in connection with your breach of this section.
All information you provide during the signup process or any time thereafter must be accurate and truthful. If you do not provide such information or cooperate as instructed by us we may reject, close or suspend your account as per our obligations under the applicable legislation.
You may close your Fidur online Account at no cost by contacting Fidur customer support.
Maintaining Your Fidur online Account
You must ensure that the information recorded on your Fidur online Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
We may contact you by e-mail or in other ways with information or notices regarding your Fidur online Account. It is your responsibility to regularly check the proper functioning of your email account or other methods of communication that you have registered with your Fidur online Account and to retrieve and read messages relating to your Fidur online Account promptly. We shall not be liable for any loss arising out of your failure to do so.
We will send you an e-mail notification to the e-mail address used when registering for your Fidur online Account (as updated from time to time by you).
Keeping Your Fidur online Account Safe
You must take all reasonable steps to keep your Fidur online Account password and any other security features safe at all times and never disclose them to anyone. Our personnel will never ask you to provide your password to us or to a third party. Any message you receive or website you visit that asks for your password or other security features, other than the Fidur Mobile Application should be reported to us. If you are in doubt whether a website is genuine, you should contact Customer Service. It is advisable to change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your Fidur online Account. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your Fidur online Account or watch you accessing your Fidur online Account. You must comply with the security procedures we tell you about from time to time.
If you have any indication or suspicion of your Fidur online Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, you are advised to change your password. You must contact the Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of your Fidur online Account, login details, password or other security features.
Any undue delay in notifying us may not only affect the security of your Fidur online Account but may result in you being liable for any losses as a result where your failure to notify us is intentional or grossly negligent. If you suspect that your Fidur online Account was accessed by someone else, you should also contact the police and report the incident.
We may suspend your Fidur online Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Fidur online Account or any of its security features or if we reasonably suspect that an unauthorized or fraudulent use of your Fidur online Account has occurred or that any of its security features have been compromised.
We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
If we think your Fidur online Account is at risk of fraud or a security threat, we will use the fastest and most secure way of contacting you using the details you have provided to tell you what you need to do to help deal with that risk.
You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Fidur online Account. In case any of the e-mail addresses registered with your Fidur online Accounts are compromised, you should without undue delay after becoming aware of this contact Customer Service and also contact your e-mail service provider.
Irrespective of whether you are using a public, a shared or your own computer to access your Fidur online Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using.
Additional products or services you use may have additional security requirements and you must familiarize yourself with those as notified to you.
Closing Your Fidur online Account
You may close your Fidur online Account at any time by contacting Customer Service.
Your Data
You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing a review for Fidur Application to you. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing your Fidur online Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.
The processing of your data is governed by our Privacy Statement which can be found on our Website.
Liability
If you fail to notify us without undue delay of any loss of your password or other security features or other event that could reasonably be expected to have compromised the security of your Fidur online Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us;
if the transaction was unauthorized but you have acted fraudulently or compromised the security of your Fidur online Account with intent or gross negligence, in which case you shall be solely liable for all losses; or
We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
Nothing in these Terms and Conditions shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
Our obligation under these Terms and Conditions is limited to providing you with prereview for Fidur Mobile Application and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a Fidur customer or intermediary.
We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the Fidur online Account or services provided in these Terms of Use.
You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents' breach of these Terms and Conditions, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.
Termination and suspension
We may terminate your Fidur online Account by giving you one month prior notice. You may terminate your Fidur online Account with us at any time.
We may at any time suspend or terminate your Fidur online Account without notice if:
you breach any condition of these Terms and Conditions or any other policy or procedure or condition applicable to specific services covered by separate terms and conditions;
you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;
we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;
we have reason to believe that another Fidur online Account provided by us or one of our group companies is held by you and has been used for any fraudulent activity, money laundering, terrorism financing or other criminal activity; or
you harass or engage in obscene, rude or abusive behaviour against us or any of our representatives.
We may suspend your Fidur online Account at any time if:
we reasonably believe that your Fidur online Account has been compromised or for other security reasons; or
we reasonably suspect your Fidur online Account to have been used or is being used without your authorization or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
Changes to these Terms and Conditions
These Terms and Conditions and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.
We shall give notice to you of any proposed change by sending an email to the primary email address registered with your Fidur online Account.
The proposed change shall come into effect two (2) months after the date the change notice is deemed received under section 12.1, unless you have given us notice that you object to the proposed changes before the changes come into effect. Changes that make these Terms and Conditions more favorable to you shall come into effect immediately if so stated in the change notice.
If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your Fidur online Account. Your Fidur online Account will be closed in accordance with the provisions of section 7 above.
How we communicate
We usually contact you via email. For this purpose you must at all times maintain at least one valid email address in your Fidur online Account profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our Website. Any communication or notice sent by email will be deemed received by you on the same day if it is received in your email inbox before 4.30 pm on a Business Day. If it is received in your email inbox after 4:30pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. We recommend you keep copies of all communications we send or make available to you.
You can request a copy of the current Terms and Conditions or any other contractual document relevant to you by contacting Customer Service.
In order to view emails you need a computer with email software that can display emails in HTML format. We may also send you attachments in Adobe Systems Inc.’s Portable Document Format (PDF), for which you need Adobe’s Acrobat Reader, which can be downloaded for free at the Adobe website.
We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact Customer Service.
We will communicate to you in English and will always accept communications made to us in English. You can choose your preferred language from the list of supported languages in your Fidur online Account profile and we will send you automated email notifications and communications regarding changes to these Terms and Conditions in your
chosen language. For non-standard communication, we reserve the right to communicate with you in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.
Apart from communicating via email, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received three days from the date of posting for PostNL or within five days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.
You may contact us at any time by sending a message to Customer Service via the “Support” facility.
Complaints
Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. A copy of our complaints procedure is available in our Web Site.
We endeavor to provide you with an answer or resolution to your complaint within the reasonable timeframes. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
If your complaint is not resolved to your satisfaction, you may contact KİFİD which is the Dutch Institute for Financial Disputes at Kantoren Stichthage Koningin Julianaplein 10 2595 AA Den Haag.
Miscellaneous
No person other than you shall have any rights under these Terms and Conditions.
Your Fidur online Account is personal to you and you may not assign any rights under the Terms and Conditions to any third party.
Your Fidur online Account is operated in the Netherlands and these Terms and Conditions shall be governed by and interpreted in accordance with Dutch law. Any dispute under these Terms of Use or otherwise in connection with your Fidur online Account shall be brought exclusively in the courts of Rotterdam.
If any part of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms of Use, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Definitions
Various terms in these Terms of Use have a defined meaning as follows:
“Agreement” means these Terms and Conditions together with any other terms and conditions that the Customers has agreed to.
“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday
in the Netherlands.
“Customer Service” means our customer service, which you can reach through the “Support” facility on the website.
“Privacy Statement” is the Fidur's policy governing the processing of personal data which is available on the Website, as may be amended from time to time.
“Fidur” means a trademark of STP B.V. Company ID. No. :24378971, its registered office at Beijerlandselaan 184B, 3074ES Rotterdam, Netherlands, and registered in the public registers of De Nederlandsche Bank (DNB).
“Fidur Platform” means Fidur’ Website and/or its Mobile Application. “Fidur Website” or “Website” means the website available at www.fidur.com.
“Mobile Application” means the software designed to run on a mobile device, such as phone, tablet or watch, through which Fidur provides its services.
“Terms and Conditions”, means Terms and Conditions to open and use Fidur online Account, published on the Website and as may be amended from time.
“We”, “us”, “our” means Fidur.
“You”, “your” or “Customer” means you, the natural person or legal entity in whose name the Fidur online Account is opened and maintained.