General Terms and Conditions Consumers

Article 1 - Definitions
In these terms and conditions, the following definitions apply:
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General Terms and Conditions: the General Terms and Conditions of Gymeyes B.V.
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Additional agreement: an agreement whereby the Consumer acquires products in connection with a distance agreement and these goods are supplied by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;
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Cooling-off period: the period within which the Consumer can exercise his right of withdrawal, if applicable to the Agreement concluded with the Entrepreneur;
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Consumer: the natural person who does not act for purposes related to his commercial, business, craft or professional activity;
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Day: calendar day;
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Long-term agreement: an agreement that extends to the regular delivery of goods and/or services during a certain period;
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Durable data carrier: any tool - including e-mail - that enables the Consumer or Entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
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Right of withdrawal: the possibility for the Consumer to withdraw from the Agreement within the cooling-off period;
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Entrepreneur: the natural or legal person who offers products remotely to Consumers through sales channels of Gymeyes B.V.;
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Agreement: an agreement that is concluded between the Entrepreneur and the Consumer within the framework of an organized system for distance selling of products, whereby up to and including the conclusion of the Agreement, only one or more techniques for distance communication are used;
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Technique for distance communication: means that can be used for concluding an Agreement, without the Consumer and Entrepreneur having to be in the same room at the same time.
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Article 2 - Identity Gymeyes B.V. / Onesix
Name: Gymeyes B.V.
Trade name: Onesix
Address: Weerdskampweg 9, 5222 BA 's-Hertogenbosch, The Netherlands
Phone number: 085 060 4220
KVK: 67460305
VAT: NL857004736B01
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Article 3 - Applicability
These General Terms and Conditions apply to every offer from the Entrepreneur and to every Agreement concluded between the Entrepreneur and the Consumer. Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, the Entrepreneur will indicate, before the Agreement is concluded, in what way the General Terms and Conditions can be viewed at the Entrepreneur (for example, on his website) and that they will be sent to the Consumer as soon as possible free of charge (by e-mail) at the Consumer's request. The text of these general terms and conditions, which will be made available to the Consumer electronically, can be easily stored by the Consumer on a Durable data carrier. These General Terms and Conditions are deemed to have been declared applicable as standard terms and conditions of the Entrepreneur to (future) follow-up and/or additional offers, as well as to Distance Agreements and/or the conclusion and/or execution thereof. If one or more individual provisions in these General Terms and Conditions or in the Distance Agreement between the Entrepreneur and the Consumer prove to be invalid, this will not affect the validity of the other provisions of the General Terms and Conditions, nor that of the Distance Agreement itself of which the General Terms and Conditions form part. The parties will replace the relevant provision(s) with one or more new provisions, the purport of which corresponds as much as possible to the original provision(s).
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Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If the Entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the Entrepreneur. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
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Article 5 - The Agreement
Subject to the provisions of paragraph 4, the Agreement is concluded at the moment the Consumer accepts the offer and meets the associated conditions. If the Consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer can dissolve the Agreement. If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur will take appropriate security measures to that end. The Entrepreneur can - within legal frameworks - inform himself whether the Consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, the Entrepreneur has good reasons not to enter into the Agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution. The Entrepreneur will send the following information to the Consumer at the latest upon delivery of the product, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier: the visiting address of the Entrepreneur's branch where the Consumer can address complaints; the information about guarantees and any service after purchase; and the price including all taxes on the product; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the Agreement.

Article 6 - Right of withdrawal
Provided that none of the exceptions mentioned in Article 10.1 apply, the Consumer can dissolve an Agreement relating to the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The Entrepreneur may ask the Consumer about the reason for withdrawal, but not oblige him to state his reason(s). The cooling-off period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, has received the product, or: if the Consumer has ordered several products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product. The Entrepreneur may, provided he has clearly informed the Consumer about this prior to the ordering process, refuse an order for several products with a different delivery time. if the delivery of a product consists of several shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or the last part; in the case of Agreements for regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, has received the first product. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. If the Entrepreneur has provided the Consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the Consumer received that information
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Article 7 - Obligations of the Consumer during the cooling-off period
During the cooling-off period, the Consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store. The Consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1. The Consumer is not liable for depreciation of the product if the Entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
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Article 8 - Exercise of the right of withdrawal by the Consumer and costs thereof
If the Consumer makes use of his right of withdrawal, he will notify the Entrepreneur of this within the cooling-off period in an unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer will return the product or hand it over to (an authorized representative of) the Entrepreneur. This is not necessary if the Entrepreneur has offered to collect the product himself. The Consumer has in any case observed the return period if he returns the product before the cooling-off period has expired. The Consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer. The Consumer bears the direct costs of returning the product. If the Entrepreneur has not stated that the Consumer must bear these costs or if the Entrepreneur indicates that he will bear the costs himself, the Consumer does not have to bear the costs for return shipment.
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Article 9 - Obligations of the Entrepreneur in case of withdrawal
If the Entrepreneur makes it possible for the Consumer to make the notification of withdrawal electronically, he will send an acknowledgment of receipt immediately after receiving this notification. The Entrepreneur will reimburse all payments from the Consumer, including any delivery costs charged by the Entrepreneur for the returned product, immediately but within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he may wait with the refund until he has received the product or until the Consumer demonstrates that he has returned the product, whichever is earlier. The Entrepreneur uses the same payment method that the Consumer used for reimbursement, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to reimburse the additional costs for the more expensive method.
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Article 10 - Exclusion of right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the Agreement: Products that spoil quickly or have a limited shelf life; Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery; Products that after delivery are irrevocably mixed with other products due to their nature; and Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence.
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Article 11 - The price
During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and these are the result of statutory regulations or provisions; or the Consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect. The prices mentioned in the offer of products include VAT.
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Article 12 - Compliance agreement and extra guarantee
The Entrepreneur guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
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Article 13 - Delivery and execution
The Entrepreneur will exercise the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the Consumer has made known to the Entrepreneur. With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 30 days after he has placed the order. In that case, the Consumer has the right to dissolve the Agreement without costs and is entitled to any compensation. After dissolution in accordance with the previous paragraph, the Entrepreneur will immediately refund the amount that the Consumer has paid. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative designated in advance and made known to the Entrepreneur, unless explicitly agreed otherwise.

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Article 14 - Continuous performance agreements: duration, termination and extension
Termination: The Consumer may terminate an Agreement that has been entered into for an indefinite period and that extends to the regular delivery of products at any time, subject to the agreed termination rules and a notice period of no more than one month. The Consumer may terminate an Agreement that has been entered into for a definite period and that extends to the regular delivery of products at any time against the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month. An Agreement that has been entered into for a definite period and that extends to the regular delivery of products may not be tacitly extended or renewed for a definite period. An Agreement that has been entered into for a definite period and that extends to the regular delivery of products may only be tacitly extended for an indefinite period if the Consumer may terminate at any time with a notice period of no more than one month.
Duration: If an Agreement has a duration of more than one year, the Consumer may terminate the Agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration. The Agreement shall be deemed to have been dissolved by operation of law, without judicial intervention, if (provisional) suspension of payment is requested or obtained by one of the Parties or third parties, bankruptcy is requested and/or one of the Parties is declared bankrupt and/or one of the Parties proceeds to liquidate the (current) company, whether or not voluntarily.
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Article 15 - Payment
Unless otherwise stipulated in the Agreement or additional conditions, the amounts owed by the Consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the Agreement. When selling products to Consumers, the Consumer may never be obliged in General Terms and Conditions to pay more than 50% in advance. When advance payment has been stipulated, the Consumer cannot assert any right regarding the execution of the relevant order before the stipulated advance payment has taken place. The Consumer has the duty to immediately report inaccuracies in provided or stated payment details to the Entrepreneur. If the Consumer fails to fulfill his payment obligation(s) on time, after he has been informed by the Entrepreneur of the late payment and the Entrepreneur has granted the Consumer a period of 14 days to still fulfill his payment obligations, after failure to pay within this 14-day period, the Consumer owes the statutory interest on the amount still owed and the Entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The Entrepreneur may deviate from the stated amounts and percentages to the benefit of the Consumer.
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Article 16 - Complaints procedure
The Entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the Agreement must be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects. Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication when the Consumer can expect a more detailed answer. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute resolution procedure.
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Article 17 - Force majeure
Neither of the Parties is held to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure on the part of the Entrepreneur exists if an external circumstance prevents the Entrepreneur from fulfilling the Agreement and it is thus entitled to suspend the execution of the Agreement and the Entrepreneur should no longer be held to fulfill its obligations. In that case, the Consumer is not entitled to compensation for damage, costs or interest. If there is a force majeure situation, Parties are entitled to dissolve the Agreement for the non-executable part by a written statement after fourteen (14) days.
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Article 18 - Personal data
The Entrepreneur will have access to personal data of Consumers involved in the delivery of products. When implementing the Agreement, the Entrepreneur will partly process these in accordance with its privacy and cookie policy, which is stated on its website. The Entrepreneur will not process the personal data for any purpose other than as agreed with the Consumer in the Agreement and will ensure compliance with the applicable laws and regulations for the protection of privacy and security. In doing so, this processing will be in accordance with the Personal Data Protection Act, the most recently published guidelines by the Dutch Data Protection Authority and the (European) General Data Protection Regulation with regard to security (and processing) of personal data. In doing so, the Entrepreneur will endeavor to take effective technical and organizational measures to prevent loss and/or any other form of unlawful processing of personal data when processing personal data.
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Article 19 - Liability
Unless otherwise stipulated, liability of the Entrepreneur due to an attributable failure to comply with the Agreement only arises if the Consumer has given the Entrepreneur written notice of default, whereby a reasonable period is set for remedying the failure and the Consumer continues to imputably fail to comply with its obligations even after that period. A condition for the existence of any right to compensation is always that the Consumer reports the damage to the Entrepreneur in writing as soon as possible after it arises, but no later than one month after the Consumer has become aware of the damage and/or should reasonably have become aware of it. The Entrepreneur is at all times entitled, if and insofar as possible, to undo or limit the damage of the Consumer by repairing or improving the defective product(s). The Entrepreneur is never obliged to compensate indirect damage of the Consumer, including but not limited to lost profit, missed savings, reduced goodwill, damage as a result of claims from other Consumers, mutilation or loss of data, and loss of data is explicitly excluded. The total liability of the Entrepreneur towards the Consumer, for whatever reason, is limited to compensation for direct damage. The limitations and exclusions of liability stated in this article do not apply if and insofar as the damage is the result of intent or deliberate recklessness of the Entrepreneur or of a person belonging to the management of the Entrepreneur.
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Article 20 - Choice of law and forum
Dutch law applies to this Agreement and all possible additions and all disputes that may arise from this Agreement will be exclusively submitted to the judgment of the competent court in Utrecht. The possible applicability of the Vienna Sales Convention is excluded. 
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Article 21 - Additional or deviating provisions
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.

Privacy Policy
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Gymeyes B.V. respects the privacy of all users of its website and processes personal data in compliance with the obligations arising from the European General Data Protection Regulation (GDPR). Gymeyes B.V. uses the personal data you provide functionally because you use our services and we want to serve you as well and as personally as possible to make your orders as quick and easy as possible. Gymeyes B.V. will only use the personal data you provide to us in accordance with the permission you have given. In addition, your personal data will not be used longer than is strictly necessary to achieve its purposes, for which your personal data was collected.

Purposes
Gymeyes B.V. uses the collected personal data for the following purposes: If you place an order with Gymeyes B.V., we need your first and last name, telephone number and e-mail address to be able to execute your order and to keep you informed of its progress. To make shopping at Gymeyes B.V. as pleasant as possible, we store your personal data and the data relating to your order and visit to the website. This allows us to personalize, analyze and improve the website and make you personal offers. If you place an order with Gymeyes B.V., we store your personal data on an adequately secured server. If you wish, you can create a username and password so that you do not have to enter your first and last name, address details, telephone number, e-mail address, delivery address and IP address again with every new order.

Security
Gymeyes B.V. will endeavor to take effective technical and organizational measures to prevent misuse, loss, unauthorized access and/or any other form of unlawful and/or unwanted processing of your personal data when processing your personal data. If you have any indications that, despite these security measures, your personal data is still being misused, please contact: info@byonesix.com immediately

Use by third parties
Gymeyes B.V. will only make your personal data available to third parties insofar as they are involved on behalf of Gymeyes B.V. in the realization of the aforementioned purposes.

Rights
Those whose personal data is processed by Gymeyes B.V. have a number of rights. These rights include:

- The right to access. This means that you can submit a request to gain access to the personal data that Gymeyes B.V. has collected from you;
- The right to rectification or correction of your personal data if it is incorrect or incomplete;
- The right to have your personal data deleted. You should take into account that there may be circumstances in which Gymeyes B.V. is obliged to keep your personal data in order to comply with the law and (fiscal) regulations;
- The right to object to or request restriction of the processing of your personal data;
- The right to lodge a complaint with the supervisor (Data Protection Authority);
- The right to withdraw the given consent to processing.
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Cookies
Cookies are computer (text) files that contain a small amount of information about the visitor and the visitor's computer, tablet or smartphone. This text file is stored by a web browser on the visitor's computer, tablet or smartphone during the first visit to the website. The purpose of cookies is to remember different types of information and to ensure optimal technical functioning of the website. This allows a visitor to automatically log in to the website, or a shopping cart of an web store can remain filled. Cookies are not harmful to your computer, tablet or smartphone and the visitor can delete or block them at any time via his or her web browser. However, this may affect the functioning of the website.
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Third party websites?
This privacy and cookie policy does not apply to third-party websites that are connected to this website through links. These third parties are responsible for compliance with privacy legislation.
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Changes to privacy and cookie policy
This privacy and cookie policy was last updated on February 3, 2021. Gymeyes B.V. reserves the right to make changes to this privacy and cookie policy. It is recommended to consult this privacy and cookie policy regularly so that you are aware of these changes.
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Contact
If you would like more information or have questions or complaints about the processing of your personal data and/or our privacy and cookie policy, please contact us via: info@byonesix.com. Our help_center will then help you further.
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General terms and conditions - Business customers

Article 1 - To whom these agreements apply
These general terms and conditions apply to the cooperation agreement between Onesix and the Customer and are therefore inextricably linked. These general terms and conditions apply to the exclusion of all general delivery and payment conditions or other general and special conditions of the Customer. Deviations from or additions to these general terms and conditions or the agreement are only valid if they have been expressly confirmed by Onesix in writing.

Article 2 - Quality of our services and what you can expect
Onesix will endeavor to provide its services and products carefully and to the best of its ability. The Customer acknowledges that software, hardware and digital services are never completely free of errors, interruptions or malfunctions. Onesix does not guarantee error-free operation or uninterrupted availability. If an error or malfunction occurs, Onesix will endeavor to repair it as soon as possible. Any liability for damage as a result of errors, malfunctions, incorrect data or system failure is excluded, except in the event of intent, gross negligence or willful recklessness on the part of Onesix or its managers.‍

Article 3 - Joint responsibilities during use
Onesix is responsible for the delivery of hardware to the agreed locations, for the installation and connection between hardware and software if agreed, and for providing the agreed software functionality and maintenance. The Customer is responsible for a working WiFi network that meets the system requirements, for correct use of the hardware and software, and for providing and checking correct and complete data, including menu content, product information and prices.

Article 4 - Announcements
Announcements and notifications under this agreement will take place in writing, including by e-mail to the contact addresses specified by the parties. An e-mail counts as written and as received at the time of delivery to the mail server of the addressee.

Article 5 - Change of location or installation
The Customer will report any relocation of a Location immediately; the agreement continues at the new Location. Any costs for rearrangement or reinstallation of Hardware will be charged to the Customer. If an installation is changed or canceled within 48 hours before the scheduled date, Onesix may charge €90 for administration and costs incurred.
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Article 6 - Payments and what we do in the event of arrears
If the Customer fails to meet its payment obligations, either in full or on time, Onesix is entitled to suspend the services until the Customer has met its obligations or new agreements have been made regarding this.
Onesix is also entitled, after sending at least three payment reminders via various possible communication channels, including e-mail, SMS, WhatsApp or telephone contact, without further warning or notice of default, to set off outstanding, undisputed and payable claims against funds that are processed by or via Onesix products or services, such as transactions via Kiosks, terminals or software. This deduction may take place on turnover funds accruing to the Customer via the Onesix systems.
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The Customer expressly agrees that Onesix may carry out this set-off without prior consent.
In addition, Onesix is entitled to set off outstanding, undisputed and payable claims of Onesix against another legal entity or company that is directly or indirectly controlled by the Customer, has the same ultimate beneficial owner as the Customer or belongs to the same group within the meaning of Section 2:24b of the Dutch Civil Code (hereinafter: an Affiliated Entity), against turnover funds accruing to the Customer, and vice versa to set off claims against the Customer against turnover funds accruing to an Affiliated Entity. The Customer hereby declares that it is authorized to accept this provision also on behalf of its Affiliated Entities and to bind them to the set-off and deduction rights of Onesix.
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Onesix may hold turnover funds that are processed via its systems as security for the fulfillment of all payable claims of Onesix against the Customer and against Affiliated Entities, including principal sums, interest, costs and fines. Payment will only take place after all payable claims have been fully met or sufficient security has been provided.
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Onesix is entitled to take back the delivered hardware, without this releasing the Customer from the obligation to pay outstanding invoices. The Customer hereby grants Onesix irrevocable permission to have the hardware removed from the location without judicial intervention in the event of payment default, insofar as permitted by law. All costs of collection, transport and administration are entirely at the Customer's expense. In the event of payment arrears, Onesix may charge administration costs in addition to interest and collection costs.

Article 7 - Termination of the collaboration by Onesix
Onesix may terminate the agreement in whole or in part with immediate effect if it deems this necessary, for example, in the interest of safety, compliance, integrity of systems, protection of personal data, prevention of damage, in the event of persistent or serious shortcomings, in the event of violation of laws and regulations, in the event of reputational risk, in the event of reasonable suspicion of abuse or fraud, in the event of failure to pay, in the event of a major change in control or business operations of the Customer, or when continuation cannot reasonably be required of Onesix.‍

In case of termination on the basis of this article, the Customer is not entitled to compensation. If the termination is not the result of a shortcoming on the part of the Customer and there are prepaid fees for services not yet delivered, Onesix will credit those amounts pro rata.
After termination, the Customer remains obliged to immediately pay all outstanding amounts. At the request of the customer, Onesix will make an export of available customer data in a common format for a period of thirty days after termination. After this period, operational copies are deleted and backups are overwritten according to the regular retention policy.
If hardware is owned by Onesix on the basis of the retention of title, the Customer will return it to Onesix at first request and without delay or allow collection on location.

Article 8 - Termination by parties
Each party may terminate the agreement in writing with a notice period of one month. After termination, the Customer will return all devices supplied by Onesix, including tablets and/or Mac Minis, within two weeks. In case of late delivery, the Customer owes €40 per month per non-returned device, excluding VAT, without prejudice to other rights of Onesix.
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Article 9 - Ownership of hardware until everything is paid
All hardware supplied by Onesix remains the property of Onesix until the Customer has fully complied with all obligations arising from the agreement, including the payment of the purchase price, interest, costs and any other claims of Onesix against the Customer. As long as the ownership has not been transferred to the Customer, the Customer may not sell, pledge, rent, lend or in any other way encumber or transfer the hardware. The Customer is obliged to carefully store the hardware and clearly mark it as the property of Onesix. If the Customer is in default or Onesix has well-founded reasons to assume that it will be in default, Onesix is entitled to take back the hardware. The Customer hereby grants Onesix irrevocable permission to enter the location of the hardware and remove it, without judicial intervention, insofar as legally permitted.

Article 10 - Deadlines for reporting claims
Unless the nature of the claim opposes this, any legal claim or claim of the Customer against Onesix lapses one year after the day on which the Customer became aware or could reasonably have been aware of the basis of that claim or claim.
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Article 11 - Availability, maintenance and care for data
Onesix will take reasonable technical and organizational measures to guarantee the continuity, availability and security of its services. Regular backups are made of essential data for the purpose of recovery in case of technical malfunctions. Onesix does not guarantee uninterrupted availability of its services and is not liable for any damage as a result of temporary unavailability, data loss or mutilation of data, unless there is intent, gross negligence or deliberate recklessness on the part of Onesix. The Customer is responsible for making its own copies or exports of company data, unless other agreements have been made about this in writing.

Article 12 - Tax authorities and menu data
The Customer is fully and exclusively responsible for the correct and complete configuration of all price and tax settings, including VAT rates, VAT codes and application rules in the software. Onesix does not provide tax or legal advice and has no obligation to substantively test or verify data or settings provided by the Customer. Changes to menu, prices, products or tax settings are only implemented at the request or with prior approval of the Customer. The Customer guarantees the accuracy and lawfulness thereof. The Customer periodically checks whether the configuration and the applied VAT are correct and informs Onesix immediately in case of suspected inaccuracies. Onesix will make efforts to restore the configuration. Onesix is not liable for assessments, fines, additional assessments, interest or other costs of tax authorities that arise from incorrect or incomplete data or settings of the Customer or from changes that have been implemented at the request or with the approval of the Customer. This exclusion does not apply in case of intent, gross negligence or deliberate recklessness on the part of Onesix or its managers. The Customer indemnifies Onesix against claims and costs of third parties, including tax authorities, that are related to incorrect or incomplete menu or tax data of the Customer or with changes requested by the Customer, and compensates the reasonable costs of defense and legal assistance. At the request of the customer, Onesix keeps a work log of implemented changes to menu and tax settings with date, time and notifier. Onesix may charge a reasonable fee for this.
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Article 13 - KYC data for payment processors
The Customer provides Onesix in a timely and complete manner with all data and documents that are necessary for identification and verification of the Customer and its ultimate beneficial owners or directors in accordance with the requirements of know your customer and anti-money laundering regulations of the involved payment processor. Onesix may only use this data to enable onboarding and assessment by the payment processor and to comply with related legal obligations. Onesix treats this data confidentially, takes appropriate technical and organizational measures for security and does not store the data longer than necessary for the aforementioned purposes or as long as legislation requires. If the payment processor requests additional information or updates, the Customer will provide this at first request. Insofar as the payment processor acts as an independent controller, it processes the data under its own responsibility and conditions. Where Onesix acts as a processor for the Customer, the agreements in the processor agreement apply.

Article 14 - Collaborating with partners and suppliers
Onesix may use third parties in the execution of its services, including hardware, software and hosting partners. The Customer agrees that Onesix may have work performed partially by third parties. Onesix is not liable for shortcomings of carefully selected third parties, unless it knew or should reasonably have known that they could not fulfill their obligations. The Customer will accept the applicable conditions of these third parties if this is necessary for the use of the delivered products or services.
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Article 15 - Payment processors, fees and transition
Transaction costs include the processing fees, interchange and scheme fees charged by the processor, excluding costs for chargebacks, reversals, refunds and fines from the processor. The Customer acknowledges that payment processors such as Adyen may charge additional fees for international payment cards or cards issued outside the European Economic Area. These costs are determined by the payment processor and may vary per transaction. Onesix is not responsible for these additional costs and will charge these to the Customer in full and unchanged, if applicable.
Onesix may change payment processor as long as the direct transaction costs for the Customer remain the same. Onesix will notify a proposed transition at least four weeks prior to the transition and provide the Customer with the necessary instructions. The Customer will cooperate with the transition where necessary, including providing or updating KYC data and completing any onboarding steps with the new processor. Costs directly related to the transition will be borne by Onesix, with the exception of personnel hours on the Customer's side and external costs incurred by the Customer with third parties. Onesix strives for uninterrupted service during the transition and is not liable for temporary restrictions that are unavoidable for the execution of the transition, except in the event of intent, gross negligence or willful recklessness on the part of Onesix. The handling of chargebacks and reversals follows the procedure of the payment processor involved. Any charged costs resulting from chargebacks may be passed on to the Customer.

Article 16 - Results and growth expectations
Any forecasts, comparisons, benchmarks, calculation examples and customer cases regarding results or revenue increase are for illustration purposes only and are based on data from existing customers under specific circumstances. This information does not constitute a commitment or guarantee that the Customer will achieve similar results. Onesix is not liable for the failure to achieve intended results or revenue increase, except in the event of intent, gross negligence or willful recklessness on the part of Onesix or its managers. The Customer remains at all times responsible for its own commercial policy, pricing, marketing, personnel and operational processes.
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Article 17 - Prices
Onesix is entitled to change the prices of its products and services. A price change will be communicated to the Customer in writing or electronically at least one month before the effective date. The Customer has the right to terminate the agreement with immediate effect up to the effective date of the price change, unless otherwise agreed in the collaboration agreement. Price changes that directly result from changes in laws or regulations, including tax or levy rates, do not give the Customer the right to terminate. For invoice periods already paid or ongoing, the originally agreed prices remain in effect until the end of the relevant period. By using the services after the effective date of the price change, the Customer is deemed to agree to the changed prices.
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Article 18 - Photos
Photos taken of products and expressions in or via the Kiosk are the property of Onesix. Onesix may use these photos for documentation and marketing, unless the Customer objects in writing.

Article 19 - Intellectual property and use
The intellectual property rights to the software and other materials developed by Onesix remain the property of Onesix. The Customer indemnifies Onesix against all claims from third parties relating to the use of the hardware and software, including claims for infringement of intellectual property rights. Onesix may functionally or technically modify or replace the Hardware and/or Software. If an adjustment leads to a material reduction in core functionality, Onesix offers a reasonable alternative solution or gives the Customer the right to terminate the agreement without compensation. Onesix does not provide a more extensive warranty than its supplier, unless otherwise agreed in writing.

Article 20 - Liability and indemnification
Onesix is not liable for unlawful use of the hardware or software by the Customer or its personnel. The Customer indemnifies Onesix against claims from third parties in connection with damage resulting from the use of the hardware or software. On parts of the services that Onesix purchases from third parties, no more warranty is ever given than the warranty that the relevant supplier grants to Onesix. The total liability of Onesix is at all times limited to the direct damage and to the amount that the Customer has paid to Onesix in the three months prior to the damage event, unless the damage is the result of intent, gross negligence or deliberate recklessness on the part of Onesix or its managers.‍

To the extent permitted by law, Onesix is not liable for indirect or consequential damage, including lost profit, missed savings, reputational damage, loss or corruption of data and loss of turnover as a result of downtime or reduced availability of the services, except in the case of intent, gross negligence or deliberate recklessness on the part of Onesix or its managers.

Article 21 - Confidentiality
Parties treat the existence and content of this agreement, as well as all company information obtained from each other, confidentially. Disclosure is only permitted to the extent necessary for implementation, or if required by law or judicial order.

Article 22 - Unforeseen circumstances and security incidents
Onesix is not obliged to fulfill any obligation if it is prevented from doing so by force majeure. Force majeure also includes power outages, internet or network failures, delays or shortcomings of suppliers, viruses, hacks, fire, government measures or other external causes that prevent the execution of the agreement, with the exception of security incidents that are the result of inadequate security by Onesix itself. In the event of a security incident or hack, Onesix will take reasonable measures to limit the damage and inform the Customer as soon as possible. During a force majeure situation, Onesix is not liable for any damage, costs or interest. If the force majeure situation lasts longer than thirty days, each party is entitled to dissolve the agreement for the non-executable part.
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Article 23 - Use of the services and what is not allowed
The Customer uses the hardware and software exclusively in accordance with laws and regulations and these terms and conditions. It is not permitted to use the services for unlawful content or activities, the distribution of malware, the disruption of network or system operation, the circumvention of security measures, the performance of (pen) tests or scans without prior written permission from Onesix, the mass sending of unsolicited messages, the scraping or data mining of Onesix systems outside the offered interfaces, or the reverse-engineering, decompiling or modification of software except to the extent that mandatory law permits this. Onesix may take measures in the event of a (suspected) violation, including suspension, restriction of functionality or termination in accordance with these terms and conditions.

Article 23 – Anti-corruption, integrity, sanctions and prohibited acts
Parties comply with applicable anti-bribery and anti-corruption laws (including in any case Dutch law and, insofar as applicable, FCPA/UK Bribery Act). It is not permitted to offer, request or provide unlawful benefits, gifts or payments, directly or through third parties, to influence business decisions. Facilitation payments are not allowed. Reasonable and proportionate promotional gifts or hospitality are only permitted insofar as they are not intended or suitable to exert an unlawful influence. The Customer ensures correct administration and internal controls to ensure compliance. A (suspected) violation gives Onesix the right to terminate the agreement with immediate effect.‍

The Customer declares to comply with all applicable export, re-export, sanction and trade laws and regimes (including EU and the Netherlands, and insofar as applicable the US/UK). The services may not be used in, to or for the benefit of countries, entities or persons that are under embargo or sanctions. The Customer declares not to be a sanctioned party and not to be controlled by such parties. Changes in this status are reported directly to Onesix. Onesix may suspend or terminate the service if this is necessary to comply with export or sanction rules.
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Article 24 - Illegal sales and prohibited goods/services
Onesix is not a party to transactions between the Customer and its customers and accepts no liability for (attempts at) illegal sales of products or services via hardware/software supplied by Onesix (including sales in violation of age limits, license or product regulations). The Customer is fully responsible for the lawfulness of the offered products/services, the compliance with applicable (consumer) legislation and any required age or identity checks. In case of signals of (suspected) illegal sales, Onesix may take appropriate measures, including suspension or termination of the services and the blocking of functionality. In that case, Onesix will immediately take appropriate steps, including notification to the payment processor and — insofar as legally required or permitted — to the competent authorities. The Customer indemnifies Onesix for claims, fines and costs that arise from such illegal sales.
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Article 25 - Money laundering and terrorism financing (AML/CFT)
‍The Customer will not use the services for money laundering or financing of terrorism and complies with all applicable AML/CFT rules. Onesix is not a financial institution and does not perform client research beyond what is necessary for onboarding with the payment processor; Onesix accepts no liability for violations of AML/CFT obligations by the Customer. In case of (suspicions of) unusual or suspicious transactions, Onesix may suspend or terminate the service, share relevant information — insofar as legally permitted or required — with the payment processor and/or competent authorities and take other measures that are reasonably necessary to comply with applicable laws and regulations. The Customer will provide all reasonable cooperation and indemnifies Onesix for claims, fines and costs that arise from violations of AML/CFT rules by the Customer.

Article 26 - Applicable law and disputes
Dutch law applies to this agreement. The Oost-Brabant court has exclusive jurisdiction to hear disputes between parties.
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