Last Updated: August, 2020
1.2 The Guest user/User may only use the Platform for the specific purpose for which it was granted access. The User may only view, print, download or change Content in accordance with the Authorisation received from the Authorising Party.
1.5 In the event that the Guest user/User was given permission by the Authorising Party to upload Content to the Platform, the Guest user/User makes sure that a backup of said Content will be stored for the duration as indicated by the Authorising party or, in the absence of such indication, for the duration of the project for which the Guest user/User was given permission.
1.6 Virtual Vaults makes no guarantees and has no obligations towards the Guest user/User. The Services are provided to the Customer.
2.1 Virtual Vaults is not responsible for any Content that is uploaded to the Platform. The Authorising Party will be responsible for the use or the interpretation of the Content on the Platform.
2.2 Subject to article 7, Virtual Vaults is not liable for any loss, destruction of, or damage to Content and is not responsible for the repair of damaged or lost Content.
2.3 Virtual Vaults is not responsible for improper and/or negligent use of the Platform by the Guest user/User or any third party.
2.4 Virtual Vaults will at all times have the right to take measures, including but not limited to the removal of Content in order to prevent or limit liability towards third parties or otherwise.
2.5 If a problem occurs with regard to the Content, the Guest user/User must comply with any reasonable request of Virtual Vaults or the Authorising Party to resolve or reduce the problem.
2.6 The Guest user/User must immediately report any problems regarding the Platform or the Content to Virtual Vaults or the Authorising party. The first notification may be provided by telephone or in person, immediately followed by a written report of the problem.
2.7 The Guest user/User will immediately inform Virtual Vaults or the Authorising party in writing of any issue relating to the use of the Content or if it receives a complaint or claim which may limit the use of the Content.
3.1 The Guest user/User must adequately secure their systems and infrastructure and will at all times have up-to-date anti-virus software, systems and infrastructure. The Guest user/User will have all the necessary technical and organisational measures to the Content on the Platform to protect against the loss or unauthorised access and processing.
4.1 Any actions of a Guest user/User and all use a Guest user/User makes of the Platform and within a Vault will be (automatically) captured and registered by Virtual Vaults. Virtual Vaults reports such information to the Authorising Party as part of the Services. This information may be used to prove why certain information was viewed, saved or printed by a Guest user/User.
5.1 The Guest user/User is required to keep all Confidential Information strictly confidential. This obligation of confidentiality will not apply to the extent that the Guest user/User is required to disclose Confidential Information on the basis of a court order or a legal regulation and to the extent that the Guest user/User cannot invoke any legal professional secrecy.
5.2 The Authorising Party will be liable for any damages arising from a breach of this obligation, and any other breach by its Guest users/Users of the security and confidentiality obligations of this Agreement.
6.1 Any and all intellectual property rights on the Platform are held exclusively by Virtual Vaults, its licensors or its suppliers.
6.2 Any and all intellectual property rights on the Content that is made available to the Guest user/User through the Platform are held by the Authorising party, its licensors or third parties.
6.3 The Guest user/User is not allowed to remove or change any designation concerning the confidentiality of, or concerning the copyright, brands, trademarks, trade names,or any other intellectual property rights with respect to the Platform or the Content, or to have such designations removed or modified.
6.4 The Guest user/User may not reverse engineer, decompile, hacking, disable, interfere with, disassemble, change, copy, translate or interfere with any functions, functionality, integrity or performance of the Service (inclusive of any mechanism used to limit or control the functionality of the Service) or the use by third parties of the Service or any data of third parties therein (unless the foregoing restrictions by applicable mandatory law are not allowed).
7.1 Any liability of Virtual Vaults in respect of the Authorising Party for any reason whatsoever and regardless of the legal basis, including any indemnities and breach of warranty, is subject to the limitation of liability as agreed between Virtual Vaults and the Authorising Party under the Agreement.