TERMS AND CONDITIONS MATCHLIKEVALENTINE.COM
MatchLikeValentine likes to see that its Client is satisfied. Also MatchLikeValentine likes to be clear in what the Client can expect. Therefore, MatchLikeValentine wants to make some agreements. These agreements are mentioned below. They are phrased in a straightforward manner, so that the Client will also understand them.
These terms and conditions apply to all Contracts between MatchLikeValentine and her clients. MatchLikeValentine is registered with the Chamber of Commerce under number 24287528.
Article 1 Definitions
Article 2 General terms and conditions
Words that are in capital letters in these terms and conditions have the following meaning:
Content: anything that the Client places or wants to place onto/through the Website. This includes photo's, image material and e-mails being sent through the Website;
Log-in details: the user name and password of the Client;
MatchLikeValentine: Intris V.O.F.
Client: the client of MatchLikeValentine. The
client operates non-professionally;
Contract: the contract between the Client and MatchLikeValentine;
Parties: the Client and MatchLikeValentine;
Website: any website of MatchLikeValentine.
These general terms and conditions are applicable to the Agreement
A derogation from these general terms and conditions will be recorded. This will take place in writing. The derogation will be signed by both Parties. It will not possible to derogate from these general terms and conditions in another manner.
Article 3 Agreement
Other terms and conditions (by the Client or a third party) are not applicable. MatchLikeValentine will decline such Contracts.
The Agreement comes into effect by registration of the Client on the Website.
MatchLikeValentine may decide not to perform the Agreement. MatchLikeValentine can also at any moment decide to terminate its services.
Article 4 Registration
MatchLikeValentine can always refuse a registration by a client. It can also withdraw a registration.
The Client can register by filling in the required information on the Website.
The Client must be 18 years or older. The Client guarantees that he is 18 years or older by registering.
The Client chooses his own user name and own password.
The user name must be unique. The Client may not represent himself as another person through the user name. The user name may not harm intellectual property rights, personal rights or other rights of another person. The user name also may not be improper or offensive.
MatchLikeValentine may always refuse or withdraw a user name.
Article 5 Supply of the services
MatchLikeValentine may make requirements of the password.
The Client can register free of charge on the Website of MatchLikeValentine. The Client can leave details on the Website. The Client can also view details of other clients.
The Client can make contact with other clients through the Website. Clients can also react to each other.
MatchLikeValentine will do everything within its power to perform its task on time and to the best of its skill, ability and knowledge. MatchLikeValentine will ensure the care that the Client can and may expect from MatchLikeValentine.
MatchLikeValentine determines how, by whom and with what tools the services are delivered.
MatchLikeValentine may always have another person perform (a part of) the Agreement. This then takes place on the responsibility of MatchLikeValentine.
Article 6 Website and Log-in details
MatchLikeValentine may always:
- attach conditions or restrictions to the service;
- set limits on the use of the services of the Website;
- alter the service, temporary postpone (+suspend) or stop (part of) the delivery of the service;
- remove content and/or profiles (part of) from the Website or from its computer systems/database;
- refuse to place (part of) Content on the Website;
- alter Content;
- refuse or restrict access to (part of) specified services of the Website.
MatchLikeValentine is in those events never liable. MatchLikeValentine can do this without informing the Client.
MatchLikeValentine uses best endeavour to:
(i) have the Website work properly and keep it always accessible; and
(ii) to reflect the information on the Website accurately and fully.
MatchLikeValentine is not liable in the event that this is not the case for any reason whatsoever.
MatchLikeValentine can give access to a client to a personal environment on the Website. Logging in can be done with the Log-in details.
Log-in details are personal. The Client will handle the Log-in details with care and keep these strictly secret.
If the Client knows or suspects that another person knows his Log-in details, then the Client must inform MatchLikeValentine immediately of this.
MatchLikeValentine may always block or halt the access to the personal environment on the Website.
Article 7 Conditions of use
MatchLikeValentine is not liable for damage resulting from theft, misuses or unauthorised/improper use of the Log-in details.
The Client is responsible for all Content that he places on/through the Website. The Client is also responsible for all activities that he carries out on/through the Website.
Article 8 Content
The Client will adhere to the following points:
- the Client will behave in a decent manner on/through the Website;
- the Clients will not place any racist, illegal, sexist, intolerant, hostile, threatening, insulting, pornographic or offensive remarks or content on/through the Website;
- the Client will not contravene any legislation or regulation applicable to him by the using the Website;
- the Client will treat the information with confidentiality and will not provide this to any other person. This is not the case if the person to whom the information relates has given permission to share the information;
- the client will not use rude language on/through the Website;
- the Client will not use the Website in such a way that intellectual property right, personal rights or other rights of another person will be infringed;
- the Client also will not use the Website for illegal things, chain letters, spam or advertising purposes, to commit fraud or plagiarism, to sell something, to threaten another person, to blacken a person's character or for stalking or for other improper matters;
- the Client will not deliberately hurt another person on/through the Website;
- the Client will not use the Website to spread or to upload viruses or Trojan horses or for anything else harmful to the Website or the computer systems of MatchLikeValentine or of other clients;
- the Client will not place or spread any contact information (for example email address, telephone number, 'instant messenger'/'social media' - names, postal address, URL, full name) on/through the Website;
- the Client will not approach the Website through an application which does not come from MatchLikeValentine, such as for example a tablet App, Smart phone App, social media or web page widget or another application by which access to the Website is provided;
- the Client will not overload the Website, or the computer systems of MatchLikeValentine, for example by the use of a robot, automatically generated access to the Website or an attack on the Website.
The Client is always personally responsible for the Content that he places.
When the Client places Content, then the Client guarantees to MatchLikeValentine that:
- he is the owner/creator of the Content;
- he is allowed to place the content;
- no harm is done to any intellectual property rights, personal rights or other rights of another person.
The Client gives MatchLikeValentine a comprehensive right of use of the Content. This right is perpetual, irrevocable, free and not exclusive. Through this right MatchLikeValentine may copy (let be copied), publicise, alter, give to another person or handle in any other manner the Content. MatchLikeValentine may do this in any manner and in any form. MatchLikeValentine has this right worldwide. MatchLikeValentine may also grant this right to other persons
MatchLikeValentine may monitor all Content and use of the services. This is to be able to assess if the Content and the use fulfil the general terms and conditions.
Article 9 Duration and interim termination
MatchLikeValentine is not liable for content placed by other clients. MatchLikeValentine does not need to check such content on accuracy or completeness.
The Agreement applies until there is termination.
The Client as well as MatchLikeValentine can terminate the Agreement at any time. This can take place through a link on the Website. The Agreement will then terminate as soon as possible.
The Agreement terminates automatically when:
- winding up petition is filed for MatchLikeValentine or of the Client;
- a suspension of payments is granted to MatchLikeValentine or the Client;
- the Client request an application of a debt management scheme;
- MatchLikeValentine or the Client are placed under guardianship or administration;
- MatchLikeValentine is wound up or dissolved;
- if an attachment is imposed on a large part of the property or goods of the Client; or
- MatchLikeValentine stops its business activities.
Article 10 Liability
In case the Contract is dissolved, any debts that MatchLikeValentine have on the Client are immediately due.
The Client makes, at his own cost and risk, use of the Website and/or the services of MatchLikeValentine.
MatchLikeValentine does not give any guarantee in any way.
MatchLikeValentine is only liable for damage suffered by the Client resulting from intent, gross negligence or wilful recklessness by MatchLikeValentine. MatchLikeValentine is not liable in all other events.
The responsibility of MatchLikeValentine is limited to:
- direct damage. Liability for indirect damage and/or consequential damage (such as operational damage, damage caused by delays and lost profit) is excluded;
- the amount that is paid out by MatchLikeValentine's corporate liability insurance company MatchLikeValentine;
- the amount is &euro 500,00 per damage claim
MatchLikeValentine is not responsible for damage that is caused by:
- the fact that MatchLikeValentine used information that was provided by the Client which was incorrect or incomplete;
- use or failure of computers, the internet or other information technologies or communication tools;
- by not keeping up-to-date, complete or correct the content of the Website;
- by hacking of or by undesired access to the Website/computer systems of MatchLikeValentine;
- by theft of personal data;
- by unauthorised use of the log-in details;
- by a situation of force majeure;
- by Content or by content of other clients;
- by search engines and/or placing on the internet of public Content is and/or remains visible. This also applies if the Client has taken the Content already off the Website.
- by links to other websites, information on these other websites and/or the unavailability of these websites.
The Client reimburses potential damage of MatchLikeValentine if damage should logically be for Client's account. This also applies to expenses that MatchLikeValentine charges in order to defend itself against a claim by a third party.
The Client will reimburse any damage to MatchLikeValentine if this damage is caused by the fact that a third party holds MatchLikeValentine liable due to a breach of rights on intellectual and/or industrial ownership. This only applies if the breach concerns matters or data that the Client supplied to MatchLikeValentine. This also applies to the costs that MatchLikeValentine has to make to defend itself against a third party claim.
The Client will reimburse any damage to MatchLikeValentine if this damage is caused by the fact that a third party holds MatchLikeValentine liable due to the use of Content. This also applies to the costs that MatchLikeValentine has to make to defend itself against a third party claim.
The Content is virus free. The Client guarantees this.
Article 11 Force majeure
The Client can only make a claim for damages if the Client:
- informs MatchLikeValentine as soon as possible of the damage. If this takes place after 3 working days from the discovery of the damage (or ought to have been discovered), then this is not as soon as possible;
- does everything to limit the damage; and
- has followed the instructions of MatchLikeValentine. This applies only if the damage is caused by not following the instructions.
During a period of force majeure each all party can temporarily postpone the execution of the Contract (=suspension). If the period of force majeure lasts for more than 6 months, each party will be allowed to terminate the Contract (dissolve). The party that suspends or dissolves the Contract will not be held to reimburse the damage that the other party suffers.
In addition to the legal meaning of force majeure, the following is also considered to be force majeure:
- any cause that MatchLikeValentine cannot influence in any way. This applies only if the (partial) commitment to the Contract cannot reasonably be expected from MatchLikeValentine;
- fire, explosion, lightening striking, earthquake, extreme weather conditions, hacking of MatchLikeValentine's computer systems and virus attacks;
- exceptional circumstances inter alios (such as for example failure of the production or means of transport, industrial actions, insolvency and business cessation of the manufacturer or suppliers of MatchLikeValentine).
Article 12 Intellectual property
In case of force majeure Parties confer about which measures are to be taken and the limitations of the damage.
Intellectual property rights are vested in the (content of the) Website, the data banks and the software of MatchLikeValentine. Intellectual, industrial property rights and/or similar rights may be vested in other matters that MatchLikeValentine delivers to the Client. These rights remain attached to MatchLikeValentine (or its suppliers). The Client is not permitted to copy, publicise, alter, give to other persons or in any other manner use the matters which infringes the rights of MatchLikeValentine (or its supplier). For the sake of clarity: this does not apply to Content that the Client made public through the Website.
If MatchLikeValentine gives software or other matters or (electronic) files to the Client, then the Client may only solely use these. The Client is not permitted to copy, make public, alter, give to other persons or communicate to another person these matters.
Article 13 Confidentiality
No intellectual, industrial property rights and/or similar rights of another person are vested in the Content, photos, documentation and other data and matters that the Client gives to MatchLikeValentine. The Client guarantees this.
All information that MatchLikeValentine and the Client have from one another is confidential. The Parties should at all times uphold confidentiality. This information should not be passed on to third parties. This does not apply if information has to be supplied to others in order to execute the Contract or because of a legal obligation. In case information is passed on, the person concerned will be asked to uphold confidentiality regarding the information.
The information is not (longer) confidential in case the information is common knowledge. This applies also for information that MatchLikeValentine or the Client already possesses before entering into the Contract.
Documentation and other such files with information that MatchLikeValentine or the Client receives from the other party, remain property of the other party. These files will be returned after cancellation of the Contract. In case the other party agrees, these files can also be destroyed.
Article 14 Personal Data
MatchLikeValentine and the Client will uphold confidentiality also after the Contract has been terminated.
When using personal information (personal data according to the Wet bescherming persoonsgegevens), MatchLikeValentine will act in accordance with the Data Protection Act (Wet bescherming persoonsgegevens).
MatchLikeValentine will use this information in order to achieve the following objectives:
- to execute the Contract;
- for marketing purposes;
- sending e-mails with information to the Client;
- statistical analysis;
- compliance with legal obligations.
MatchLikeValentine will never sell personal data (personal details) or in any other manner give these to another person.
MatchLikeValentine will not sent adverts from another person to the Client. This does not apply to adverts that are in an email with information of/about MatchLikeValentine to the Client.
MatchLikeValentine may only share general information (such as statistical data) about the Client and the use by the Client of the services of MatchLikeValentine and/or the Website with another person. MatchLikeValentine may only do this if no personal date of the client is passed on.
Article 15 Privacy
The Client is personally responsible or liable for the personal information in the Content. The Client cannot hold MatchLikeValentine liable if personal information is spread or used in this manner.
Google (and its partners) can display adverts with the DART-cookie to the Client on the basis of his visit to the Website and/or other websites.
Article 16 Disputes
If the Client provides details of a friend to MatchLikeValentine so as to draw his attention to the Website, then MatchLikeValentine will only use these details to send the friend an email about MatchLikeValentine.
The Client can address a complaint by email to MatchLikeValentine. This can be done on email@example.com.
In case of a dispute, the Client and MatchLikeValentine will attempt to settle this after careful consideration. A mediator can be called upon to settle the dispute.
Article 17 Final provisions
If the consultation does not lead to a resolution, then the dispute will be submitted to the court with competent jurisdiction.
These terms and conditions are subject to Dutch Law.
The latest version of the general terms and conditions is always applicable.
The headings in the general terms and conditions are for convenience. The headings have no legal meaning.
If (a part of) an article is declared void by the court, then the Parties will consult on a replacing (part of the) article. The replacing (part of the) article will have as far as possible the same effect as (the part) the article that was declared void.
An nullified (part of an) article does not lead to an automatic nullification of other articles.
If the Contract does not settle all affairs, both Parties will mutually decide together on a fair settlement. The intent of these terms and conditions will be used to reach agreement.
The Client may not transfer the Agreement to another person. MatchLikeValentine may transfer the Agreement (wholly or in part) to another person.
MatchLikeValentine may alter these general terms and conditions at all times. MatchLikeValentine will inform the Client of any alteration. MatchLikeValentine will do so by email, post, or the Website and/or a nationally distributed Dutch newspaper. An alteration will be applicable from 30 days of the notification.
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