Definitions
In these Elfi Terms of Use, the following definitions are used:
User: A visitor or registered person who visits or uses the Elfi platform located at www.elfi.nl.
Login credentials: Authentication data such as a username and password that allows access to the tenant portal on the Elfi platform by Users.
Elfi: Elfi Vastgoed B.V. located at Assumburg 2, 1081 GC, Amsterdam.
Elfi platform: The Elfi website made available to Users via the internet or another digital network, including the digital tenant portal environment located at www.elfi.nl.
Elfi Terms of Use: These terms that apply to the use of the Elfi platform.
1. Access and use of Elfi platform
1.1 Elfi grants to the User the non-exclusive and non-transferable right to use the Elfi platform under the conditions described in these Elfi Terms of Use. The Elfi platform provides information about Elfi's activities, and in the User's personal "my elfi" tenant portal environment, tenant information and documentation can be exchanged and service requests can be registered. All of this is further described on www.elfi.nl.
1.2 Unless otherwise agreed, the User may only use the Elfi platform for their own benefit. The User shall not allow a third party to use the Elfi platform.
1.3 Elfi is allowed to take technical measures to protect the Elfi platform or for agreed-upon limitations in the duration or scope of the use of the Elfi platform. The User shall not remove or circumvent any technical measures implemented by Elfi in the Elfi platform.
1.4 Elfi is entitled to change the nature and scope of the Elfi platform, including by modifying or adding functionalities or properties of the Elfi platform or by using a different technical platform environment.
1.5 Elfi has the right to temporarily suspend the use of the Elfi platform, in whole or in part, for maintenance or security reasons. Elfi shall not suspend the use for longer than necessary.
1.6 Elfi cannot guarantee that (a) the Elfi platform meets the User's objectives regarding the use of the Elfi platform; (b) the Elfi platform will function continuously and without incidents or defects; and/or (c) all incidents or defects can be remedied.
2. Login credentials and use of Elfi platform
2.1 The Login credentials are personal, non-transferable and confidential. User shall take all reasonable measures to prevent unauthorized persons from becoming aware of the Login credentials. User shall immediately notify Elfi in the event of any unauthorized use of the Login credentials or any other breach of security measures with regard to the Elfi platform.
2.2 Login credentials are generated during registration through the login process of the Elfi platform.
2.3 If Elfi discovers or reasonably suspects that unauthorized persons are using or may use the Login credentials ("unauthorized use"), or if User notifies Elfi of such use, Elfi will immediately block access to the Elfi platform by means of the relevant Login credentials. Elfi will notify the User of the unauthorized use and/or the blocking of the Login credentials.
2.4 Elfi is entitled to immediately terminate the access to and use of the Elfi platform by Users, either temporarily or permanently, in whole or in part, if User violates these Elfi Terms of Use.
3. Support and Service notifications
3.1 Support and follow-up of Service notifications will take place as described on www.elfi.nl.
3.2 Unless otherwise specified, Service notifications will be reported electronically by the User to Elfi through the tenant portal in the "my Elfi" environment. The User will describe or document a Service notification as fully as possible. If required and at the request of Elfi or its designated third party, the User will collect as much data as possible in order to identify the cause of a Service request as quickly and clearly as possible.
3.3 Work carried out by Elfi at the request of the User, which is the responsibility and risk of the User as a tenant, will be charged to the User at the current rates of Elfi. The User will be informed of this in advance.
3.4 The provisions of this article do not affect the User's obligation to take appropriate measures to prevent and limit the harmful consequences of the cause of a Service notification. Measures to limit damage include, for example, stopping use and monitoring the follow-up of the Service notification in a reasonable manner.
4. Intellectual Property Rights
4.1 All intellectual property rights related to the Elfi platform are owned by Elfi or its licensors and are not transferred to the User. The User acknowledges these rights and will refrain from any form of direct or indirect infringement on these rights.
4.2 It is not permitted to use, remove or modify any copyright notice, logo, trademark, or any other mention of Elfi or its licensors on the Elfi platform without prior written consent from Elfi.
4.3 Elfi is entitled to place the name and logo of business Users, with whom Elfi carries out its services or realizes development, on its website and/or a reference list, and to make them available to third parties for information purposes.
5. Liability
5.1 Elfi does not accept liability for any damages resulting from accessing and using the Elfi platform and/or from relying on or using the information provided on the Elfi platform or referred to or linked to.
5.2 Elfi is not responsible for malfunctions, unavailability, or errors in accessing or using the Elfi platform.
6. Confidentiality
6.1 User and Elfi will observe confidentiality as Parties with respect to all information provided by one of the Parties to the other Party, which the other party knows or reasonably should know is of a confidential nature, including in any case the personal financial or tenant information provided by Elfi to User. The party receiving confidential information will only use such information for the purpose for which it was provided.
6.2 Elfi undertakes to take the measures reasonably required of it to ensure confidentiality of the confidential information received by it or its employees from User.
7. Processing of personal data
7.1 Elfi will comply with applicable laws and regulations, including the General Data Protection Regulation (‘GDPR’) and the Dutch General Data Protection Regulation Implementation Act (‘UAVG’), when processing personal data through the Elfi platform.
7.2 The types of personal data processed by Elfi are extensively described in the Privacy Policy.
7.3 When visiting the website www.elfi.nl, Elfi uses cookies. A cookie is a server's ability to store data on the hard drive of a visiting user. The receiving computer can store a small piece of information from the visited website in this way and also read it again (during a subsequent visit). Cookies are used to identify and track site visitors. A cookie may contain information such as the date/time of the visit and names of visited pages. A detailed description of the cookies placed on the website is provided in the Cookie Policy.
8. Amendments to Elfi Terms of Use and conclusion of the agreement
8.1 Elfi may reasonably amend these Elfi Terms of Use from time to time. Changes will be notified to the User on the Elfi platform. If the User continues to use the Elfi platform after this period, the User agrees to the amended Elfi Terms of Use.
8.2 Dutch law applies to these Elfi Terms of Use. All disputes between Elfi and Users will be submitted exclusively to the competent court in Amsterdam.