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Petdates – General Terms and Conditions
Drafted on 18 march 2016
General Terms and Conditions of Petdates, established at Prins Mauritsplein 1A, 2582 NA, in Den Haag, the Netherlands, registered with the Chamber of Commerce under number 27363616.
In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.
General Terms and Conditions: The General Terms and Conditions as stated below.
Petdates: Petdates, registered with the Chamber of Commerce under number 27363616.
Content: Photos, videos and/or other material shared and placed by the User.
Service: All work, of whatever form, that Petdates has carried out for, or for the benefit of, the User.
User: The one who has accepted the validity of these General Terms and Conditions and given instructions for the provision of the Service.
These General Terms and Conditions apply between Petdates and the User, unless the parties are departed from the General Terms and Conditions explicitly and in writing.
These General Terms and Conditions are also applicable to contracts with Petdates for the implementation of which third parties must be involved.
The applicability of any of the User’s purchasing conditions or other general terms and conditions is expressly excluded.
If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Petdates and the User will consult with each other to agree new provisions to replace the void or voided ones.
Departures from the General Terms and Conditions are only valid if they are explicitly agreed with Petdates in writing.
The User can create a profile on the Website. A minor has to have at any time the consent of his parent or guardian.
When the User creating his profile, the User must specify the flowing information:
name and last name;
After registration the User can share and place Content on the website.
Petdates is not responsible for the content that the User has shared and placed on the website. The User is responsible for the accuracy, completeness and legality of the shared and placed content.
The User guarantee that the content placed and share d on the Website by the User is accurate, complete and not illegal.
Petdates has the right to refuse, block and/or remove content from the Website without given any reasons. Third parties can request Petdates to remove content from the Website.
Petdates refuse, block and/or delete in any event the content if:
the content is in breach with the law;
the content has a pornographic, erotic character or refers to a location with a pornographic content;
the content has a violent character or refers to a location with a violent character;
the content discriminate against race, gender, political affiliation, religion or belief;
the content in breach is with these General terms and conditions.
The User the possibility that the content can be removed blocked or removed.
Only persons in the Netherlands have the right to access the website.
The visitor of the Website may visit the website only through one digital device and/or participate in the Website.
The visitor of the website is forbidden:
to visit the website automated;
to hack the website and to use botnet network;
to place content and parts of the website on other websites.
All information on this website is intended for personal use. No right can be deriving from advertisements, pictures, information and content on the website. Amendments and type errors reserved. Despites the fact that Petdates will take due care in constructing and in maintaining this website, Petdates cannot vouch for the correctness, completeness and actuality of the information on this website. Petdates does not accept any liability for damage resulting from inaccurate or incomplete information on this website.
If the User does not fulfil an obligation arising from the Contract, or does not meet it fully, in a timely manner or properly, then Petdates is entitled to suspend and/or terminate the Contract with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.
Moreover, Petdates is entitled to suspend and/or terminate the Contract with immediate effect if:
after the Contract is entered into, Petdates becomes aware of circumstances that give good grounds to fear that the User will not fulfil its obligations;
due to a delay on the part of the User, Petdates can no longer be required to fulfil the Contract under the originally agreed conditions;
the payments are more than two months overdue;
the User is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property.
Termination will take place by means of a written declaration, without judicial intervention. If the Contract is terminated, the User’s debts to Petdates become immediately due and payable.
Breaches may not be attributed to Petdates or the User is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Contract.
In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which Petdates can exercise no influence and through which Petdates is not able to fulfil its obligations.
Circumstances regarded as resulting in force majeure include strikes, lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machinery components and lack of labour forces, as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Contract by Petdates cannot be reasonably sought by the User.
Petdates is also entitled to invoke force majeure if the circumstance that hinders (further) fulfilment of the Contract occurs after Petdates should have fulfilled its obligations.
In case of force majeure the parties are not obliged to proceed with the Contract, and are not bound to pay any compensation.
During the period that the force majeure continues, both Petdates and the User can fully or partly suspend the obligations arising from the Contract. If this period lasts for longer than 2 months, both parties are entitled to terminate the Contract with immediate effect, by means of a written notification, without judicial intervention and without the parties being able to claim any damages.
If the situation of force majeure is of a temporary nature, Petdates reserves the right to suspend the agreed service for the duration of the situation of force majeure. In the event of permanent force majeure both parties are entitled to terminate the Contract without judicial intervention.
If at the time of the occurrence of force majeure Petdates has already partly fulfilled, or will fulfil, its obligations arising from the Contract, and independent value accrues to the part fulfilled or to be fulfilled, then Petdates is entitled to separately invoice the part already fulfilled or to be fulfilled. The User is bound to pay this invoice as if there were a separate Contract.
The implementation of the Contract is entirely at the risk and responsibility of the User. Petdates is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Petdates.
The liability of Petdates is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the User.
Petdates is not liable for damage, of whatever nature, resulting from Petdates basing its actions upon inaccurate and/or incomplete information provided by the User, unless this inaccuracy or incompleteness ought to have been known to Petdates.
If Petdates is liable for any damage, then the liability of Petdates is limited to an amount equal to the amount of € 10.000, or to the amount to which the insurance taken out by Petdates gives entitlement, with the deduction of the policy excess borne by Petdates under the terms of the insurance.
The User must report the damage for which Petdates can be held liable to Petdates as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.
Any liability claim against Petdates lapses within one year of the User having become aware, or possibly reasonably having become aware, of the harmful event.
The limitations of the liabilities in this article will not apply if the damage is due to an intentional act or recklessness of Petdates or due to his supervisory subordinates.
The User indemnifies Petdates against any claims by third parties who suffer damage in connection with the implementation of the Contract which is attributable to the User.
If Petdates may be sued for this reason, then the User is bound to provide Petdates with both judicial and extrajudicial support. Furthermore, all costs and damage on the part of Petdates and third parties will be at the expense and risk of the User.
In departure from the legal limitation period, a limitation period of one year applies to all claims against Petdates and any third parties brought in by Petdates.
Petdates reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.
Petdates reserves the right to utilise the knowledge acquired for the performance of the work and general information for other purposes and other work, in so far as no confidential information is hereby communicated to third parties.
Petdates will store the details and information that the User provides to Petdates carefully and confidentially.
Petdates may only use the personal details of the User within the framework of the implementation of its obligation to supply, or of dealing with a complaint.
Petdates is not permitted to lend out, hire out or sell the personal details of the User, or to publicise them in any other manner.
If Petdates is obliged to provide confidential information to third parties by virtue of a legal provision or court decision, and Petdates cannot claim a legal right of immunity, or such a right recognised or permitted by the competent court in this respect, then Petdates is not liable to pay compensation or grant indemnification. The User is also not entitled to terminate the Contract by reason of any damage arising in this way.
The User agrees that Petdates may approach the User for statistical or customer satisfaction research. If the User does not wish to be approached for research, the User may make this known.
Petdates reserves the right to utilise the other details of the User in anonymous form for (statistical) research and databases.
If the User has a complaint the User can file the complain by using the contact form on the Website. Petdates treat all complaints confidentially.
The User has to file a complaint with Petdates within two weeks after the User took knowledge of the complaint.
Petdates will strive to solve the complaint within 14 working days.
Petdates is entitled to amend the general terms and conditions unilaterally.
Amendments will also apply to Contract that are already concluded.
Petdates will inform the User by e-mail about the amendments.
The amendments to the general terms and conditions will be in force after thirty days after the User is informed of the amendments.
If the User does not agree with the announced amendments, the User is entitled to terminate the Contract.
Dutch law is exclusively applicable to all legal relationships to which Petdates is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the User has its place of business outside of the Netherlands.
The applicability of the Vienna Sales Convention (CISG) is excluded.
Disputes between Petdates and the User will only be submitted to the competent court in the Netherlands, unless the law mandatorily prescribes otherwise.
These General Terms and Conditions are filed at the Chamber of Commerce under number 27363616.
General Terms and Conditions Petdates - 18 maart 2016