End user license agreement

Key principals



    1. These terms cover your access to and use of the mobile applications and/or Oeby websites (“Terms of Use”).

    2. You must read carefully and agree to the Terms carefully and agree to the terms prior to accessing and using Oeby’s apps and website service. These terms expressly supersede prior agreements or arrangements about apps/websites service and Oeby’s products between you and Oeby’s. Your agreement to these Terms of Use establishes a contractual relationship between you and Oeby. If you do not agree to these Terms of Use, you may access or use Oeby mobile applications and/or websites. This one

      Terms of Use expressly supersede any prior agreements or understandings about the App(s)/Websites Services (as defined below) between you and Oeby.

    3. These Terms of Use apply to the extent that they do not conflict with any other terms of use or additional terms specific to the mobile Oeby applications and/or websites. You will be asked to separately agree to such conditions.

    4. Oeby acts as agent of the Third Party Service Providers for External Services and as the service provider for Oeby Services (see Section 4 below).

  1. Oeby provided services

    1. The services that Oeby offer you includes:

      1. Access and use of Oeby’s mobile applications and/or websites that allow you to receive External Services delivered by Oeby Services; and

        2.1.2. Collection services and payment processing services (including issuing invoices and receipts on behalf of Third Party Service Providers) so that we can charge you for the costs and transfer these costs to Third Party Service Providers for External Services or to Oeby or Oeby Services (Oeby BV may engage affiliates or third parties to provide these services on its behalf) (collectively, the "App/Website Services").

        2.2. These Terms of Use govern your use of the App(s)/Website(s)Services in the Netherlands. By accessing and using the App(s)/Website(s)Services in another country may have country-specific terms and conditions.

  2. Third Party Services

    1. For Third Party Services, Oeby acts as a disclosed agent between you and the Third Party Providers to enable them to provide the Third Party Services to you. Oeby does not provide Third Party Services. All

      Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of Oeby.

    2. When you are logged in, online and in the service area of a Third Party Provider, you will be given information in Oeby’s mobile applications and/or websites about the Third Party Services before you decide to make a request.

    3. Third Party Providers are free to decide to accept, reject or ignore a request. Acceptance is communicated to you through Oeby’s mobile applications and/or websites and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services).

    4. The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services.

      3.5. The Third Party Service Provider is responsible for all obligations that may arise from the provision of the External Services.

  3. Oeby Services

    4.1. With Oeby Services, Oeby acts as the service provider. The specific terms and conditions for Oeby Services are defined in additional terms or in a separate agreement.

  4. Using the App(s)/Website(s) Services

    1. Oeby's mobile applications and/or websites can be downloaded or accessed on the most modern mobile devices with an Internet connection and equipped with popular operating systems such as Android or iOS.

    2. You are responsible for obtaining the network access necessary to App(s)/Website(s) Services and you are responsible for all fees and charges of your mobile network provider, including data usage while using the mobile Oeby applications and/or websites. You are also responsible for accessing compatible devices and operating systems required to use the App(s)/Website(s) Services, including software or hardware updates.

    3. To use the App(s)/Website(s) Services, your employer must register in the mobile Oeby applications and/or websites and create an account. At the time of registration, you are eighteen (18) years old or have reached the age of majority in the country where you register if other than eighteen (18) years, unless the terms for the specific External Services or impose different age requirements on the Oeby Services.

    4. They must provide us with certain information to register, including the employees company phone number and company email address. To use the App(s)/Website(s) Services, Oeby Services or Third Party Services,. You may need additional information, such as company address, and provide documents before using certain Oeby Services or Third Party can use services.

  1. We may temporarily restrict your access to and use of the App(s)/Website(s) Services if there is a suspected breach of your obligations (see clause 6 below) or of these

    Terms of Use are and also when we receive a complaint regarding fraud. There may be circumstances in which we are unable to provide you with information about the complaint on when an investigation is underway (by us and/or a third party such as the police).

  2. Your Obligations

    1. 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 stated in these Terms of Use. You must not misuse Oeby's mobile applications and/or websites or use us or Third Party cheating suppliers.

    2. You must provide accurate and complete information when registering an account and when you use the App(s)/Website(s) Services.

    3. Your account is strictly personal, meaning that is only allowed for your identical company account. It cannot be shared with third parties or licensed to third parties, unless expressly authorised by Oeby. After you have an account


      you may not register more than one account unless we agree otherwise in writing agree;

      • you may not allow any third party to use your account or transfer your account to any third party;

      • you must always keep your account information accurate, complete and current;

      • you must keep your login details confidential at all times and;

      • you must notify us immediately if you have any reason to believe that anyone

      • otherwise knows your username or password or if you suspect that someone else has your

      • account used.

    4. There are no fees charged through the usage of the app.

    5. You must not cause any nuisance, inconvenience or material damage when using the App(s)/ Website(s) Services cause damage, neither to the Third Party Service Provider, nor to Oeby or any other party.

  3. Fees and Payment

    1. Fees for the App(s)/Website(s) Services

          1. You will not be charged for using the App(s)/Website(s) services. However, we reserve the right to introduce usage charges, in which case you are notified in writing and given the opportunity to review these Terms of Use before such charges are incurred. If you choose to use this Terms of use, you will no longer have access to use the App(s)/Website(s) Services.

          2. We reserve the right to charge for specific positions on Oeby's mobile applications and/or websites.

    2. Fees for External Services and Oeby Services

          1. Additional fees and/or fines may be charged by External Service providers for your use or misuse of External Services or by Oeby for your use or misuse of Oeby Services.

          2. In some cases, if the Third Party Services or the Oeby Services cannot be performed because of your actions or inactivity (for example, if you are not present at the delivery location to receive a delivery), fines may be charged.

          3. Once the Third Party Services or the Oeby Services have been provided, we may application, send an invoice directly or on behalf of the Third Party Service Provider. It invoice amount includes VAT, if applicable.

    3. General

          1. The charges may change from time to time in the mobile applications and/or websites from Oeby.

          2. Unless otherwise agreed, all costs are immediately due after a request for service has been posted and payment is facilitated by Oeby using the desired payment method associated with your account, after which Oeby will send you a receipt by email. If your primary payment method cannot be charged, Oeby, if available, uses a secondary payment method. If your payment method(s) are not available, we reserve the right to continue to attempt to receive payment.

          3. The cost is inclusive of all applicable taxes, including VAT.

  4. Cancellation

    1. In some cases, you may not be entitled to request the External Services and Oeby Cancel Services once accepted by you. However, Oeby or Third Party Service Provider allow you to cancel the request, but there may be cancellation fees.

    2. Oeby may deny requests and cancel the External Services or the Oeby Services if there there is reasonable doubt as to the correctness or authenticity of the request or the contact details. Cancellation costs may also be charged in this case.

  5. License

    Subject to your compliance with these Terms of Use, we will grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sub licensable license for installing and/or using Oeby’s mobile applications and/or websites on your device, for your use only and for you to access and use information that made available through oeby's mobile applications and/or websites. All rights herein not expressly granted are reserved by Oeby and Oeby's licensors.

  6. Intellectual Property

    We reserve all rights not expressly set forth in these Terms of Use granted. Our App(s)/Website(s) Services, our devices and any data collected through the Oeby mobile applications and/or websites (including all intellectual property rights in all foregoing) are and shall remain our property or the property of our licensors. it's you prohibited (and you may not allow any other party to): (a) any portion of the Mobile Applications and/or license, sublicense, copy, modify, distribute, make, sell, resell, transfer or lease); (b) use to reverse engineer or attempt to source the mobile applications and/or websites extract from Oeby, except to the extent permitted by law; (c) programs or scripts to initiate to scrape any portion of Oeby's mobile applications and/or websites or data, index, research or otherwise use data mining; (d) Oeby names, brands use, display or manipulate any works for any purpose other than the use of Oeby's mobile applications and/or services; (e) (i) companies, (ii) URLs, (iii) domain names, (iv) Create or register software application names or titles or (v) social media profiles containing Oeby names, brands or works or any confusing or substantial similar brand, name, title or work; (f) Use Oeby names, brands or works as your

    profile picture or background for social media; (g) buy keywords (including, but not

    limited to Google AdWords) containing Oeby names, brands or works; or (h) applicable register, reference, use, copy and/or claim ownership in Oeby's Names,

    Marks or Works, or in any confusing or substantially similar name, mark, title or work, on any way for any purpose, alone or in combination with other letters,

    punctuation marks, words, symbols, designs and/or other creative works; except like permitted in the limited license granted above.

  7. Privacy Notice

    We collect, use and disclose information from or about you as described in our Privacy notice. Additional privacy notices may apply to Oeby Services or External

    Services, including from external controllers.

  8. Liability and Indemnification

    1. You will be liable for any damages we suffer as a result of your breach of these Terms of Use, your misuse of the App(s)/Website(s) Services, or your violation of

      laws or rights of third parties. You are liable for all activities conducted through your account performed unless such activities are not authorised by you and you are not otherwise negligent have been.

    2. To access the App(s)/Website(s) Services, you agree to contact us and our indemnify and hold harmless (at our option) officers, directors and employees from and against all claims, liabilities, costs, damages, fines, social security security contributions and taxes arising out of or in connection with a violation of these Terms of Use, violation of applicable law, or any third-party claim directly or indirectly related to your use