The service WieWasWie is offered to you through the internet by the Dutch CBG|Centrum voor familiegeschiedenis (hereafter: CBG). The use of WieWasWie is subject to the below terms and conditions. By using WieWasWie, you agree to these terms. Deviations of these terms and conditions are binding only if accepted in writing by CBG.
Article 1. Use of the service
1.1 CBG provides an internet service, namely WieWasWie, allowing you to research the history of your family on the basis of historic documents.
1.2 Without registration or payment a basic search function at WieWasWie is available. If you register, you can use more advanced search options at WieWasWie. Full use of all features of WieWasWie are available to paying users
1.3 When you register for WieWasWie, you create an account allowing you to log in and use the WieWasWie service. You need to supply account details requested by WieWasWie truthfully.
1.4 You should secure access to your account using a username and password against unauthorized access. In particular you should keep your password strictly confidential. CBG may assume that any action undertaken from your account after logging in with your username and password is authorized by you. To avoid being held liable for third-party actions from your account, report to CBG when someone else has learned your password.
1.5 Your account is strictly personal and should only be used by you. It is forbidden to share your account with others.
1.6 The use or creation of an account at WieWasWie involves the processing of personal data in the WieWasWie user database. You grant permission for all forms of processing necessary to deliver the services to you. Consult the privacystatement of WieWasWie for more information.
Artikel 2. Usage rules
2.1 It is not permitted to use WieWasWie for any actions in violation of Dutch or other applicable laws or regulations
2.2 It is not permitted to cause harm to systems or networks of CBG or its suppliers, or to prevent others from using WieWasWie. This includes, but is not limited to: performing denial of service attacks, massive downloading of data and other actions that may overload or hamper the services of CBG or its suppliers, or interfere with normal usage of WieWasWie.
2.3 Should CBG note that you are in violation of any of the above provisions, or receive a complaint alleging the same, then CBG may intervene to end the violation.
2.4 If in the opinion of CBG the continued functioning of the computer systems or network of CBG or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, CBG may take all legal steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5 CBG is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
Artikel 3. Availability and maintenance
3.1 CBG uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2 CBG actively maintains WieWasWie. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3 CBG may from time to time adapt WieWasWie. Your feedback and suggestions are welcome but ultimately CBG decides which adaptations to carry out (or not) in consultation with its Participant Council (Deelnemersraad).
3.4 CBG shall be available for a reasonable level of distance customer support by e-mail during regular office hours. Complaints and questions can be directed at the helpdesk van WieWasWie.
Artikel 4. Intellectual property
4.1 The service WieWasWie, the accompanying software as well as all information and images on the website is the intellectual property of CBG. Information and images may be used for your personal study and research in the context of genealogic research. In all other situations, including commercial use, it is not permitted to use this information or images without prior written permission of CBG.
4.2 Information, such as search requests, you enter using the service is and remains yours. CBG receives a license to use this information for the service and everything that goes with it, including for other CBG services and including the right to sub-license the information to others.
4.3 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 serious reason calls for it, CBG may decide to adapt or remove the information.
4.4 If you send information to CBG, for example a bug report or suggestion for improvement, you grant CBG a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.5 CBG shall refrain from accessing data you store or transfer usingWieWasWie, unless this is necessary for a good provision of the service or CBG is forced to do so by law or order of competent authority. In these cases CBG shall use its best efforts to limit access to the information as much as possible.
Artikel 5. Consideration for the service
5.1 Access to and use of full functionality of WieWasWie is subject to fees. The website will inform you of the fees as well as any discounts (e.g. to Friends of CBG). Fees are due in advance.
5.2 Payment can be made through iDeal payment, credit card or other channels as provided on the website.
5.3 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Artikel 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence the liability of CBG shall be limited to the amount paid by you in the month prior to the moment the cause of the damage occurred.
6.2 CBG in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to CBG at most two months after discovery.
6.4 In case of force majeure CBG is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Artikel 7. Term and termination
7.1 Subscriptions for access and full usage of functionality of WieWasWie start upon conclusion of the subscription through the website and receipt by CBG of your payment.
7.2 The duration of the subscription is dependent on your choice. You can among others elect a one-month and a one-year subscription.
7.3 After the term of the previous paragraph the subscription will end automatically. Unless you actively renew the subscription you will lose all privileges associated with the subscription.
Artikel 8. Changes to terms
8.1 CBG may change or add to these terms and conditions as well as any pricesat the start of a new payment period (as defined in article 7).
8.2 CBG shall use its best efforts to announce through the service changes or additions at least thirty days before their taking effect.
8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of WieWasWie after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Artikel 9. Miscellaneous provisions
9.1 The law of the country of CBG applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with WieWasWie shall be brought before the competent Dutch court for the principal place of business of CBG.
9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the WieWasWie service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4 The version of any communication of information as recorded by CBG shall be deemed to be authentic, unless you supply proof to the contrary.
9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 CBG is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of WieWasWie or the associated business activities.
Artikel 10. Further information
You may direct questions and complaints to WhoWasWho at any time via the addresses below:
2502 AT Den Haag
Chamber of Commerce 41011697