TimeMoto® General Terms and Conditions
The TimeMoto® service is provided by the private limited company Safescan B.V., with its registered office in
Zoetermeer (the Netherlands) at Aluminiumstraat 65 (2718 RB) and which can be reached at telephone number
+31 79 363 11 70 or email address firstname.lastname@example.org.
Safescan is registered in the trade register of the Chamber of Commerce under number 2713.1933. The VAT number of Safescan
Safescan places great value on its relationships with its customers. For this reason, Safescan considers it important to
explain clearly which terms and conditions apply to the use of TimeMoto®. By making use of TimeMoto®, you agree to
these terms and conditions.
Applicability and binding force
These terms and conditions applicable to the offer of Safescan to enter into an agreement with regard to the use of
TimeMoto® and to the agreement which is formed after acceptance of the offer.
Right of use and intellectual property
For the duration of the agreement, Safescan grants a right of use for TimeMoto®. The right of use is not exclusive
and not transferable. All intellectual property rights relating to TimeMoto® are held by Safescan or, if applicable,
You are only permitted to use TimeMoto® in and for the benefit of your own business or organisation, and exclusively
for the intended use. You are not entitled to make TimeMoto® available to third parties in any way, or grant access to it.
The term "you" is deemed to mean the natural person or legal entity which/who takes cognizance of the offer of Safescan or
enters into the agreement with Safescan.
In order to be able to exercise your right of use, you will have access to a username and password. You will be
responsible for ensuring the security of these. If your account is accessed by the entering of the username and password as
provided to you, Safescan will assume that said access is taking place with your consent.
Safescan is entitled to issue an updated version of TimeMoto® (upgrade).
TimeMoto® can also be used via mobile devices. However, Safescan does not guarantee that TimeMoto® is compatible
with every mobile device. The TimeMoto® app can be downloaded from the Apple App Store or Google Play Store. These terms
and conditions pertaining exclusively to the relationship between Safescan and you
The use of TimeMoto® is subject to a monthly or annual fee. This fee must be paid in full in advance by credit card.
If the agreement is renewed, the fee owed by you will be debited from your credit card.
If debiting from your credit card is not possible, your right of use will be suspended until the debiting is possible.
You are not entitled to set off the fee owed to Safescan, nor to suspend your payment obligations.
Safescan is entitled to adjust the level of the fee. Such an adjustment will come into effect on the first subsequent
renewal of the term of the agreement. An adjustment to the fee will be announced at least 45 days before it comes into
The provision of the right of use for TimeMoto® is an obligation of effort on Safescan. This means that Safescan does
not guarantee continuous availability of TimeMoto® and does not guarantee that TimeMoto® will function
In the performance of the obligation of effort described in the first paragraph, Safescan will carry out scheduled or
unscheduled maintenance on TimeMoto® from time to time. TimeMoto® will not be available at those times.
Liability and indemnification
Liability of Safescan, on the basis of any legal ground whatsoever, is excluded except in the event of intent or
deliberate recklessness on the part of Safescan or its managers. Liability of Safescan for indirect loss is excluded at all
times. The term indirect loss is deemed, in any event, to mean: loss of profit, missed savings, reduced goodwill, business
interruption, claims by employees or third parties and serious damage to or loss of data.
You indemnify Safescan, its employees and any other auxiliary persons engaged in the performance of the agreement
against each claim by third parties in the context of the use of TimeMoto®, including the processing of personal data,
inasmuch as said claims are more or different to those to which you are entitled against Safescan.
Duration and termination
The agreement is entered into for a duration of one year or one month, at your choice.
You can terminate the agreement with due observance of the applicable period of notice. If no notice of termination is
given in good time, the agreement is tacitly renewed each time for the same term as it was entered into. Your credit card
will be debited for the fee owed.
The applicable period of notice is 1 month in the case of agreements with a term of one year and 1 week in the case of
agreements with a term of one month.
Safescan is at all times entitled to terminate the agreement without being required to observe a period of notice.
At the end of the agreement, the right of use of TimeMoto® will also end. You yourself will be responsible for
securing the data before the end of the agreement. Safescan is entitled to destroy said data at the end of the agreement.
The term data is deemed to refer to the data stored in TimeMoto®.
If TimeMoto® does not meet your expectations, you can terminate your right of use at no charge within 14 days of
commencement of your right of use. You can make use of this possibility a maximum of one time. After termination as
referred to in the first sentence, your credit card will be credited with the fee paid in advance by you for the use of
TimeMoto®. Except in the situation described above, crediting of the fee for the use of TimeMoto® will at no time
Secrecy, security and personal data
The parties enter into the obligation to maintain secrecy regarding information which they have acquired from one
another and with regard to which they know or should reasonably suspect that said information must be treated as
confidential. This will apply unless the other party is required to provide said information pursuant to legislation and/or
regulations or a court judgment.
Safescan will ensure technical and organisational measures to achieve a suitable security level. Safescan will inform
you regarding said measures on request. Inasmuch as personnel of Safescan, or third parties to be engaged by it, take
cognizance of personal data in the context of the upkeep, maintenance or improvement of TimeMoto®, Safescan will ensure
that they will exercise confidentiality.
Inasmuch as personal data are processed in the exercise of the right of use, the parties will deem Safescan to be the
processor within the meaning of the Netherlands Personal Data Protection Act (Wet bescherming persoonsgegevens or “Wbp”).
The term “Wbp” is also deemed to mean foreign regulations pertaining to the protection of personal data, whether or not
based on Directive 95/46/EC, or its successor. You represent to Safescan that all actions which take place by you or by
Safescan on the grounds of these terms and conditions are in compliance with the Wbp. You indemnify Safescan in this
context against claims by third parties, including persons to whom the personal data for which you are responsible pertain
and the Personal Data Authority or a comparable foreign body.
In appropriate cases, you will be subject to obligations on third parties pursuant to the Wbp, such as providing
information and granting access. As far as is technically possible, Safescan will provide cooperation in the context of
the obligations to be complied with by you pursuant to the Wbp. The costs relating to this cooperation will be borne by
you. You indemnify Safescan against claims by persons whose personal data have been registered or are being processed.
and grant Safescan permission to use personal data in the manner described therein.
Choice of law and jurisdiction
The agreement is governed by Netherlands law. Unless otherwise stipulated under rules of mandatory law, disputes between
you and Safescan can only be put before the court in The Hague.
Any verbal commitments and agreements will be invalid. Additions or amendments to the agreement or these terms and
conditions will only be valid inasmuch as they have been agreed by means of a document signed and dated by both
Safescan is authorised to amend or supplement these terms and conditions unilaterally. Safescan will notify you in
advance regarding each amendment or supplement.
Rights and obligations under the agreement are not transferable without the permission of the other party.