Terms of Use

Terms of Use
Proconsul BV , titled Marengo
Located in Bosschenhoofd, Chamber of Commerce no. 62966804

Article 1 – Definitions

  • Dates: the data provided by you intended for use of the Service;
  • Condition of usen: these present terms and conditions;
  • Employ: The access to the Platform to be provided under these terms and conditions;
  • Service provider: the third party involved in the Platform, the professional who handles and answers requests for help from the User;
  • User: The visitor to the Marengo website / app;
  • License(s):Merengo's right to operate the Platform 
  • Agreement: This agreement between the User and Smart Guard, which arises through acceptance of these Terms of Use.
  • Platform: The website provided by Smart Guard www.marengo.nl on which, in addition to general information regarding animal welfare, concrete requests for help from affiliated Service Providers can also be placed.

Article 2 - Applicability and duration

  1. These Terms of Use apply when you visit the Platform Marengo and impose conditions on the User for its use.
  2. The Terms of Use take effect upon use of the Service and remain in effect for the duration of use.
  3. By terminating the use of the Service, regardless of whether this is done by the User or Smart Guard, you cancel this agreement and thus the right of use.
  4. These Terms of Use may be amended from time to time. If the User refuses a change or addition, the right to use the Platform will end. cancel by not using the Service anymore. 

Article 3 – Right of use 

  1. Smart Guard hereby grants a personal, revocable, non-exclusive, non-transferable, non-sublicensable license for the term of the agreement to use the Service in accordance with the Terms of Use.
  2. Access to the Platform is free of charge. 
  3. The purpose of the Service is to provide a service related to the well-being and health of your pet. 
  4. You are not entitled to access the source files of the Platform. It is expressly not permitted to retrieve these source files by means of reverse engineering, decompilation or otherwise.

Article 4 – Abuse of the Platform

  1. It is not permitted to use this Platform to infringe on the rights of others or to violate the law.
  2. Smart Guard is entitled to take measures if, in its opinion, there is nuisance, damage or another (imminent) danger to the functioning of the Platform or related (computer) systems or networks, for example due to poorly secured systems or activities of viruses. .
  3. If a third party complains about an infringement by the User of its rights or of these Terms of Use, Smart Guard is entitled to provide identifying data of the User to i) the third party has a real interest in obtaining the data.  

Article 5 – Intellectual Property 

  1. Smart Guard and/or its licensors own and retain all existing and future rights to the Platform. The User obtains a right of use entitlement arising from the purport of the Terms of Use or which is granted In Writing. The User is not permitted to use these other than on the Platform. 
  2. The data that the User stores or processes on the Platform remains the property of the User. Smart Guard has a right of use to use this information for its Platform and obtains an independent database right to collect data that the Users jointly provide to it. 
  3. The information provided to Smart Guard by the User, such as suggestions for improvement or about an error on the Platform, gives Smart Guard an unlimited and perpetual right of use to use this information.  

Article 6 – Privacy 

  1. Smart Guard adheres to the applicable privacy regulations when providing access to its Platform. In the privacy statement you will find information on how Smart Guard handles your personal data.

Article 7 – Availability & maintenance

  1. Smart Guard does not guarantee uninterrupted availability of its Platform.
  2. Smart Guard tries to optimize the functioning of its Platform by timely updates and maintenance.
  3. Smart Guard is not responsible for the timely and correct implementation of updates and accepts no liability for damage resulting from the temporary unavailability of the Platform or as a result of an update not installed or not installed on time.


Article 8 – Support

  1. The User can ask Smart Guard questions via the contact form under “Contact” on the Website, via the contact details of Smart Guard as stated on the Website. Smart Guard will try to respond to questions within the shortest possible time. 
  2. Smart Guard cannot answer questions about the advice, diagnosis or treatment plan provided to the User by the Service Provider via the Platform. To this end, the User must contact the relevant Service Provider directly. 
  3. If the User has a concrete complaint with regard to the quality of the service provided to the User by the Service Provider, it must turn to the complaints desk of the relevant practice of this Service Provider. 


Article 9 – Warranties and Liability

  1. The information offered by Smart Guard via the Platform is only informative and in no way replaces the advice, diagnosis or treatment plan to be provided by the Service Provider. To this end, the User must create an account and prior to accepting the general terms and conditions for the provision of that specific service. 
  2. Although Smart Guard makes every effort to provide correct, complete and up-to-date information from sources deemed reliable on its Platform, it does not guarantee that this information is correct, complete and/or up-to-date.
  3. Smart Guard is never liable for any damage suffered by the User in connection with the information offered on the Platform, unless there is intent or willful recklessness on the part of Smart Guard.

Article 10 – Confidentiality

  1. Information exchanged between Smart Guard and User is treated as 'confidential'. 
  2. Smart Guard will store and use the data provided by the User and via the Platform for internal purposes, including analysis and statistics. You will find more about this in our Privacy Statement.

Article 11 – Other provisions

  1. Dutch law applies to this agreement between Smart Guard and the User. The District Court of Zeeland-West Brabant, location Breda, is authorized to take cognizance of disputes, unless otherwise stipulated by mandatory law.