Terms of Use
Last updated: January 27, 2023
Dear user,
Thank you for choosing GMU Business Analytics.
Kindly take the time to thoroughly review these Terms of Use before engaging with or requesting any products and/or services offered through the GMU application(s), website(s), and platform. These terms contain crucial details regarding the products and/or services, your rights, and other significant information.
By continuing to utilize the GMU Business Analytics application, you are consenting to adhere to and be legally bound by these terms and conditions of use. These, along with our privacy policy, define the nature of the relationship between GMU Business Analytics and you concerning this application. Should you find any part of these terms and conditions unacceptable, we advise against using our application.
The term GMU Business Analytics refers to the owner of the application. The term 'you' refers to the user of the app.
The utilization of this application is governed by specific terms of use:
GMU Business Analytics functions as an informational service. We endeavor to provide accurate reports but do not claim that our reports are 100% precise. By downloading and upgrading your membership, you acknowledge and accept that we do not assure the absolute accuracy of our reports.
The content displayed within the pages of this app is intended solely for your general information and personal use. Please be aware that this content may undergo modifications at any time, without prior notification.
Neither GMU Business Analytics nor any affiliated third parties offer any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or appropriateness of the information and materials presented in this app for any specific purpose. You should recognize that the information and materials available here might include inaccuracies or errors. We explicitly disclaim responsibility for any such inaccuracies or errors to the maximum extent allowed by law.
Your engagement with any information or materials found in this app is solely at your own risk, and we shall bear no liability for any outcomes. It is your responsibility to verify that any products, services, or information accessed through this app align with your specific needs.
The app includes material that is either owned by us or licensed to us. This encompasses, but is not limited to, elements such as the design, layout, visual style, and graphics. Unauthorized reproduction of any part of this material is strictly forbidden, except as permitted under the copyright notice, which is an integral component of these terms and conditions.
All trademarks featured in this app that are not owned by, or licensed to, the operator are duly recognized and acknowledged on the website.
Unauthorised use of this app may give rise to a claim for damages and/or be a criminal offence.
Privacy Policy
This privacy policy explains how GMU Business Analytics (hereafter referred to as the "Application") manages and safeguards any information you provide while using the Application. The Application is dedicated to protecting your privacy. In instances where we request specific information by which you can be identified during your use of the app, rest assured that such information will be utilized strictly in adherence to this privacy statement. The Application reserves the right to modify this policy periodically by updating this page. It is advisable for you to review this page occasionally to ensure that you are content with any amendments.
This policy is effective from January 27, 2023.
We are committed to ensuring that personal data transferred outside of the European Union is managed by reliable vendors. These vendors undergo regular evaluations, and we establish individual data processing agreements with each one. In cases where personal data is transferred to the United States, we conduct thorough checks to confirm the validity of their adherence to the EU-U.S. and Swiss-U.S. Privacy Shield frameworks. This process serves as a legal mechanism to ensure compliance with the necessary data protection requirements.
Your obligations
When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for other purposes for which they are intended as set out in these Terms. You may not misuse GMU’s mobile applications and/or websites or defraud us or Third Party Providers. Please refer to our Acceptable Use Policy for more information on what is expected of you.
You must provide accurate and complete information when you register an account and when you use the App(s)/Website(s) Services. Your account is strictly personal, also when using your account for work related services. It cannot be shared with or licensed to third parties unless expressly authorised by GMU.
After you have created an account:
- you may not register more than one account unless we agree otherwise with you in writing;
- you must not allow third parties to use your account or transfer your account to a third party; must keep your account information accurate, complete and up to date at all times; must keep your login details confidential at all times; and;
- you must notify us immediately if you have reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
- You are responsible for paying any fees or charges incurred as a result of the provision of Third Party Services or GMU Provided Services requested through your account, as further described in these Terms.
- In using the App(s)/Website(s) Services, you must not cause any nuisance, inconvenience or material damage either to the Third Party Provider or to GMU or any other party.
Charges and Payment
Charges for the App(s)/Website(s) Services
There is no charge for using the App(s)/Website(s) Services.
However, we reserve the right to introduce usage fees, in which case you will be notified and given the opportunity to terminate these Terms before such fees are implemented. If you choose to terminate these Terms, you will no longer have access to use the App(s)/Website(s) Services.
We reserve the right to introduce a fee for specific features on GMU’s mobile applications and/or websites. Separate terms and conditions may apply to these.
Licence
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable licence to install and/or use GMU’s mobile applications and/or websites on your device solely for your use and for you to access and use information made available through GMU’s mobile applications and/or websites. Any rights not expressly granted herein are reserved to GMU and GMU’s licensors.
Intellectual Property
GMU reserves all rights not expressly granted in these Terms. The App(s)/Website(s) Services, GMU’s devices and all data gathered through Gid’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain GMU’s property or the property of GMU’s licensors.
You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of GMU’s mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of GMU’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of GMU’s mobile applications and/or websites or data; (d) use, display, or manipulate any of GMU Names, Marks, or Works for any purpose other than to use the App(s)/Website(s) Services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include GMU Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use GMU Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any GMU Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in GMU’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license.
Termination
You are free at all times to use the App(s)/Website(s) Services (where and when available) and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and GMU for the provision of GMU Products.
GMU may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time.
Liability and Indemnity
You are liable for any damages we suffer as a result of your breach of these Terms, your misuse of the App(s)/Website(s) Services or your violation of any laws or third party rights. You will be liable for any activities carried out through your account unless such activities are not authorised by you and you have not been otherwise negligent.
In order to access the App(s)/Website(s) Services, you agree to indemnify and hold us and our officers, directors and employees harmless (at our option) from and against any and all claims, liabilities, costs, damages, fines, social security contributions and taxes arising out of or in connection with any violation of these Terms, violation of applicable law or third party claims directly or indirectly related to your use of the Third Party Services, the GMU Provided Services or your use of the GMU Products in general.
Nothing in these Terms limits and/or excludes liability that cannot be legally limited or excluded, including liability for death or personal injury caused by gross negligence and liability resulting from fraud. Your rights as a consumer will be honoured under applicable law.
We will not be liable under these Terms for including but not limited to, contractual liability, tort (including negligence, misrepresentation), restitution or otherwise for any of the following in connection with the use of the App(s)/Website(s) Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential damages.
We will not be liable for:
damages or losses arising from any transaction between you and any Third Party Provider; or the availability and accuracy of the Third Party Provider's content, products or services.
We shall not be liable for delays or failures in performance due to causes beyond our (reasonable control).
Our total liability to you for the use of GMU’s mobile applications and/or websites (and not in respect of any other arrangements between us for which the liability arrangements are governed by a separate agreement) shall not exceed hundred euros (€100).
To the extent permitted by law, we make no warranties and disclaim all liability for any acts or omissions by you or any third party.
Disclaimer
We provide the App(s)/Website(s) Services "as is" and "as available". The App(s)/Website(s) Services may be subject to limitations, delays and/or other problems inherent in the use of the Internet and electronic communications and are not guaranteed to be available at all times and without errors.
General
GMU may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in GMU’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with Section 11.1. These Terms were most recently updated as at the outset of this document.
The invalidity of any provisions in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable provisions shall be deemed deleted.
We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. We will tell you if this happens. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the GMU’s App(s)/Website(s) is personal, unless agreed otherwise.
These Terms replace all previous agreements relating to your access and use of the App(s)/Website(s) Services. In addition, in the event of any conflict between these Terms and any previous agreements relating to your use of GMU, these Terms shall prevail.
You may be required to accept additional terms to access or use the App(s)/Website(s) Services and/or GMU Products. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
There are no third party beneficiaries to these Terms except as provided for in these Terms.
Dispute resolution process
GMU may make available to users acting as consumers a mediation process for consumer disputes relating to the App(s)/Website(s) Services or these Terms for the purpose of amicable resolution. Eligible consumers may also submit complaints regarding the GMU Services or these Terms to:
US: California Privacy Rights for Minor Users (California Business and Professions Code Section 22581) California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
EU: the European Commission accessible here under Regulation (EU) No 524/2013 of 21 May 2013.
GMU is not obliged to use an online dispute resolution platform to resolve consumer disputes.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Applicable law and jurisdiction
These Terms shall be exclusively governed by and construed in accordance with Dutch law The Vienna Convention on the International Sale of Goods 1980 (CISG) does not apply. You may bring legal proceedings relating to the GMU Products before a competent Dutch court.
Contact information
We are here for you
If you have any inquiries or requests, please don't hesitate to contact us at info@gmu.online
GMU B.V.
Blankenstein 260
7943PG Meppel
The Netherlands
info@gmu.online
