Terms of use

Februari 1, 2022

The following Terms of Use are applicable to the use of the Peek App. The Peek App is offered by Peek V.O.F., established at Printerweg 10 3821AD Amersfoort and registered with the Chamber of Commerce under registration number 78511593, hereafter referred to as ‘Peek’. Using the Peek App constitutes acceptance of the Terms of Use. Deviations from the Terms of Use are possible only by means of written confirmation by Peek.

Article 1. Definitions

The capitalized terms in the Terms of Use, both singular and plural, are considered to have the meaning as described in this article:

1.1. Agreement: the agreement between Peek and its customer under which custom-er, in collaboration with Peek, offers you the opportunity to use the Peek App. Based on the Agreement, these Terms of Use apply.
1.2. Intellectual Property (Rights): all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (including copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competi-tion rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs).
1.3. Peek App: the app developed and offered by Peek for mobile devices such as tele-phones and tablets that is linked to the Platform.
1.4. Platform: the My Peek platform via which excursions can be created and which is linked to the Peek App and available via the Website.
1.5. Terms of Use: these terms of use that apply when you use the Peek App.
1.6. Website: the website of Peek, to be found on https://peek.app and all of its sub-domains.
1.7. Writing: paper writings, e-mail, communication by fax, to the extent the identity of sender and the integrity of the message can be sufficiently established.

Article 2. The Peek App

2.1. The Peek App allows you to do map-based interactive excursions.
2.2. You can use the Peek App based on the Agreement that Peek has concluded with its customer. Peek’s customer can provide you with information to join an excur-sion.
2.3. The Peek App can be used directly without an account.
2.4. Peek may process your personal data. You give your consent for all forms of pro-cessing within the scope of the Peek App. Consult the privacy statement of Peek for more information. The privacy statement can be found here.

Article 3. Terms of use

3.1. It is not permitted to use the Peek App for any purpose that violates Dutch or oth-er applicable law or regulation. This includes (among others) the entering or trans-mission of data using the Peek App that is slanderous, libelous or racist.
3.2. In addition, in the Peek App, it is forbidden to:
• distribute information in violation of copyright or hyperlinks to such information;
• violate the privacy of a third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
• to do anything that violates applicable netiquette.
3.3. Should Peek discover that you violate any of the above, or receive a complaint alleg-ing the same, Peek will issue a warning. If the warning does not lead to an accepta-ble resolution, then Peek may intervene to end the violation. In urgent or serious cases Peek may intervene without warning.
3.4. If in the opinion of Peek the continued functioning of the computer systems or network of Peek or third parties is actually under threat of being damaged or jeop-ardized, for example in case of excessive use, Peek may take all steps it deems rea-sonably necessary to end or avert such damage or jeopardy.
3.5. Peek is at all times entitled to file a criminal complaint for any offenses committed through or using the Peek App.

Article 4. Availability and maintenance

4.1. Peek uses its best efforts to have the Peek App available at all times but makes no guarantees about uninterrupted availability.
4.2. The correct functioning of the Peek App is not guaranteed or does not have to meet a minimum level.
4.3. Peek actively maintains Peek. In case maintenance is reasonably expected to nega-tively impact availability, Peek carries out such maintenance at times when use of the Peek App is relatively low. Maintenance is announced in advance whenever pos-sible. Emergency maintenance can take place at any time and without prior an-nouncement.
4.4. Peek may from time to time adapt the Peek App. Your feedback and suggestions are welcome but ultimately Peek decides which adaptations to carry out (or not).

Article 5. Intellectual Property

5.1. The Peek App, the Platform, as well as all related information and images on the Website is the Intellectual Property of Peek. None of these items may be copied or used without prior written permission of Peek, except and to the extent permitted by mandatory law.
5.2. Peek grants you a non-exclusive license to use the Peek App to take part in excur-sions for the length of the right of use that is agreed upon by Peek and its customer in the Agreement.
5.3. Information you store or process using the Peek App is and remains your property (or the property of your suppliers or licensors). Peek receives a limited license to use this information for the Peek App.
5.4. The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the Agreement. In exceptional circumstances where a se-rious reason calls for it, Peek may decide to adapt or remove the information.
5.5. After creation it is not possible to remove or change information.
5.6. If you send information to Peek, for example a bug report or a suggestion for im-provement, you grant Peek a perpetual and unlimited license to use this infor-mation for the Peek App. This does not apply to information you expressly mark as confidential.
5.7. Peek shall refrain from accessing data you store or transfer using the Peek App, un-less this is necessary for a good provision of the services of the Peek App or Peek is forced to do so by law or order of competent authority. In these cases Peek shall use its best efforts to limit access to the information as much as possible.

Article 6. Support and complaints

6.1. If you have any questions, complaints, or experience any problems in using the Peek App, you can contact Peek via the live chat on the Website, or via hello@peek-app. Peek endeavours to deal with your question, complaint or problem within a reasonable period of time, but in any event no later than fourteen (14) days after receipt.

Article 7. Compensation for the Peek App

7.1. In the Agreement, arrangements are made regarding the compensation for the ser-vice. You are not charged for using the Peek App.

Article 8. Limitation of liability

8.1. Liability and the limitations of liability are governed by the Agreement. These provi-sions apply here in full. If you think that damage has been suffered by or because of the Peek App, you must report this to Peek immediately. Peek will ensure that your report is handled in accordance with the Agreement.

Article 9. Term and termination

9.1. Arrangements have been made in the Agreement about the duration of the Agree-ment and the right to use excursions. If the Agreement comes to an end, for what-ever reason, you may no longer use the Peek App (for certain excursions) if this means that the license (to use these excursions) has lapsed.
9.2. The Agreement may also partially come to an end, which may have consequences for your use of the Peek App.

Article 10. Miscellaneous

10.1. Dutch law applies to these Terms of Use. This choice of law is without prejudice to the protection you may enjoy under the mandatory law of the country of your residence.
10.2. To the extent not otherwise provided for in mandatory law, all disputes in connection with the Peek App will be submitted to the competent Dutch court in the jurisdiction where Peek is established.
10.3. In case any part of the Terms of Use are declared legally invalid, this shall not affect the validity of the whole of this Terms of Use. Peek shall in such event decide on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
10.4. Peek is entitled to transfer its rights and obligations under these Terms of Use to a third party as part of an acquisition of Peek or the associated business activities.