SWORN TRANSLATION FROM THE DUTCH LANGUAGE
Conditions of use
Article 1. Definitions
1. The capitalised terms in these Conditions of use are defined as follows.
a. Data subject: the natural person, User or Employee, whose personal data are processed using the Platform;
b. User: the natural person, not acting in the exercise of a profession or business, who can use the Platform to create a housing file for and exchange information with Landlord;
c. Conditions of use: these terms and conditions that VerhuurtBeter.nl applies to the legal relationship with the User when he registers with the Platform;
d. Employee: the natural person who, as an employee of a Landlord, uses the Platform;
e. Parties: VerhuurtBeter.nl and the User, jointly;
f. Platform: the Platform of VerhuurtBeter.nl which the Landlord can use to collect Personal data of Users for the purpose of creating housing files and determining the suitability of prospective tenants;
g. Privacy Statement: the Privacy Statement that applies to the processing of personal data of Data subjects through the Platform;
h. In writing: both traditional written communication and communication by e-mail;
i. Landlord: the natural or legal person who has concluded or intends to conclude an Agreement with VerhuurtBeter.nl. A Landlord can include to mean, but is not limited to, an estate agent, intermediary and other type of Landlord of real estate;
j. VerhuurtBeter.nl: the supplier of the Platform, part of V2 Real Estate Solutions BV, established in Rotterdam, registered in the Trade Register of the Chamber of Commerce under number 62537474.
Article 2. General provisions
1. These Conditions of use apply to the full legal relationship and all agreements between VerhuurtBeter.nl and the User.
2. If any provision of these Conditions of use is null and void or is nullified, the remaining provisions remain in full force and effect. The parties will jointly adopt a replacement provision. The purpose and purport of the original provision are taken into account as far as possible.
3. These Conditions of use may be changed by VerhuurtBeter.nl. New versions of these Conditions of use will be announced via the Platform. VerhuurtBeter.nl will notify the Landlord of any new version and the Landlord will also receive the latest version of these Conditions of use on first request.
Article 3. Functionality of the Platform
1. VerhuurtBeter.nl will provide access to the Platform to the User subject to the restrictions in these Conditions of use.
2. Among other things, the Platform enables the User to make relevant information available to his Landlord digitally and to register as a prospective tenant with the Landlord, specifically with regard to the accommodation offered by the Landlord concerned.
3. Upon registration and payment, the User can create a personal profile, the so-called housing file. This User profile can be viewed by the Landlord, and the Landlord can inspect any relevant data, such as income, expenses, debt positions and payment history as specified by the User. Furthermore, the Platform offers a means of communication between the User and the Landlord. This allows the User to upload documents requested by the Landlord.
Article 4. Registration with the Platform
1. Access to the Platform requires User registration. On registration, the User must provide all mandatory information requested by means of completely and truthfully filling in the registration form. After VerhuurtBeter.nl has confirmed the registration of the User electronically, an agreement is concluded between them. Upon registration, the User grants permission for the direct provision of this service in the form of access to the Platform. The User waives his right of withdrawal during registration.
2. The User is not permitted to register in the name of another person, unless he has been authorised to do so in Writing. In addition to this person, the User is jointly and severally liable for the fulfilment of the obligations arising from the registration.
3. The User is at all times obliged to keep his password confidential and is liable for all activities on the Platform under his account. Damage resulting from misuse of login details is not for the account and risk of VerhuurtBeter.nl.
Article 5. Registration costs and duration
1. The User owes a fee for the use of the Platform and the creation of a profile. Upon receipt of payment by VerhuurtBeter.nl, the User will have access to the Platform for a period of one year and can create a profile, communicate with the Landlord and upload documents to compile a housing file. After this period of use, access to the Platform will end and all User data will be deleted within 10 days of termination, unless the User renews his registration. If the User terminates his registration before the period of use has expired, he is not entitled to a full or partial refund of payments already made.
2. The Landlord reserves the right to terminate the agreement he has concluded with VerhuurtBeter.nl with immediate effect at any time. As a result, the agreement between the User and VerhuurtBeter.nl and the User’s access to the Platform also end. It is the Landlord’s responsibility to ensure that the User claims further services from the Landlord even without using the Platform and that the needs of the User that he envisaged when registering are met.
3.VerhuurtBeter.nl has negotiated with the Landlord that upon termination of the agreement with VerhuurtBeter.nl, the Landlord continues to represent the interests of the User for the remaining duration of the right of use of the Platform, or that the Landlord financially compensates the User in proportion to the remaining duration of use for the damage suffered by the User as a result of the termination by the Landlord, which damage can amount to no more than €50. By termination by the Landlord as referred to in this paragraph, the User is deemed not to suffer any damage, unless the Landlord is provided with evidence to the contrary.4.The User indemnifies VerhuurtBeter.nl against all his claims regarding termination by the Landlord and accepts that VerhuurtBeter.nl will refer the User to the Landlord for such claims.5.Upon termination of registration, the data received from the User through the Platform will be retained by VerhuurtBeter.nl for a period of 10 days, after which period they will be destroyed, without prejudice to the right of the User to require VerhuurtBeter.nl to delete these data at an earlier moment. VerhuurtBeter.nl is not responsible for the use and destruction of data of the User that the Landlord has obtained through the Platform. The User indemnifies VerhuurtBeter.nl against all his claims in this matter.6.VerhuurtBeter.nl reserves the right to terminate the exploitation of the Platform with immediate effect if compliance with the agreement can no longer reasonably be required, for example if it has to cease business operations regarding the exploitation of the Platform. In this case, the User will receive a refund for the unused period for which payment has already been made in proportion to the completed period of use.
Article 6. Placing and using data on the Platform
1.All User data disclosed through the Platform will be used at the User’s own risk.VerhuurtBeter.nl therefore accepts no liability for any form of damage that is the direct orindirect result of acts or decisions of the Landlord based on these data.
2.VerhuurtBeter.nl at all times reserves the right to delete the data published through thePlatform if it has good reasons to do so.
3.The User is responsible for checking the accuracy and completeness of the data on thePlatform relating to him. VerhuurtBeter.nl bears no liability whatsoever.
4.The User guarantees that he is the full owner of the data he processes through the Platform.In the event of the slightest doubt as to the legitimacy of the data to be placed, the Usermust refrain from doing so. The User indemnifies VerhuurtBeter.nl against all claims of thirdparties.
5.The User will not abuse the services of VerhuurtBeter.nl and refrain from uploading andstoring prohibited and/or unlawful data.
6.Behaviour that qualifies as misuse is prohibited. Misuse includes intentionally causingmalfunctions or defects with respect to the Platform or servers of VerhuurtBeter.nl or thirdparties, committing criminal offences and in any other way infringing the software orsystems of VerhuurtBeter.nl or third parties.
1.A breach of the provisions of these Conditions of use gives VerhuurtBeter.nl the right tosuspend or terminate the agreement between the Parties with immediate effect and todelete the data of the User from the Platform.
2.Furthermore, VerhuurtBeter.nl reserves the right to dissolve the agreement if circumstancesarise of such a nature that performance of the agreement is or becomes impossible orunaltered maintenance thereof cannot reasonably be required of them.
3.The User cannot claim any compensation in connection with the right of suspension anddissolution exercised by VerhuurtBeter.nl on the basis of this article.
4.Unless the User cannot be held responsible, all damage suffered by VerhuurtBeter.nl inconnection with the suspension or dissolution must be borne by the User.
5.If VerhuurtBeter.nl dissolves the agreement between the Parties on the basis of this article,all claims against the User become immediately due and payable.
Article 7. Suspension and dissolution
Article 8. Prices and payment
1.After the User has registered with Premium, the total price payable by the User for the use of the Platform during a certain period, including VAT and other costs, is stated.2.Payment must be made in advance. In case of advance payment, the User cannot assert any rights regarding the performance of the agreement as long as the advance payment by VerhuurtBeter.nl is not received.
Article 9. Liability and indemnification
1.Within the limits of the law, any liability of VerhuurtBeter.nl for damage suffered inconnection with the use of the Platform is excluded. In particular, VerhuurtBeter.nl is notliable for the cases as specified in the following paragraphs and the remainder of theseConditions of use.
2.With the exception of intent or deliberate recklessness on the part of VerhuurtBeter.nl, anyliability of VerhuurtBeter.nl for damage suffered in connection with the use of the Platform isexcluded. In particular, VerhuurtBeter.nl is not liable for the cases as specified in thefollowing paragraphs and the remainder of these Conditions of use.
3.VerhuurtBeter.nl does not accept any liability for the data disclosed through the Platform.The User indemnifies VerhuurtBeter.nl against all his claims and claims of third parties basedon the proposition that the data stored by the User or disclosed by third parties through thePlatform are unlawful, incorrect, incomplete or misleading.
4.VerhuurtBeter.nl is not liable for damage resulting from unauthorised use of login details onthe Platform.
5.VerhuurtBeter.nl makes every effort to optimise the correct performance and accessibility ofthe Platform and its services. However, VerhuurtBeter.nl cannot guarantee that the facilitieson the Platform will be available without limitations and that all facilities on the Platform willfunction without any problems. All liability of VerhuurtBeter.nl in this respect is excluded.
6. VerhuurtBeter.nl is not liable for programming errors on the Platform. Furthermore, VerhuurtBeter.nl is not liable for viruses or other harmful components that damage the hardware or software of the Landlord through the Platform or servers of VerhuurtBeter.nl or third parties.
7. If the Platform contains references, for example by means of hyperlinks, to the web pages of third parties, VerhuurtBeter.nl is not liable for the content of these web pages.
8. VerhuurtBeter.nl makes every reasonable effort to secure the Platform and the other systems of VerhuurtBeter.nl against any form of unlawful use by third parties. However, VerhuurtBeter.nl is not liable for damage resulting from loss of or damage to any data provided by the Landlord in any way.
9. To the extent that, despite the provisions of these Conditions of use, VerhuurtBeter.nl has any liability towards the User, this liability towards the User for any reason whatsoever, is at all times per event (where a related series of events are considered as one event) limited to the compensation actually paid by the User to VerhuurtBeter.nl in the current calendar year.
10. VerhuurtBeter.nl is not liable for loss of profit, loss incurred, damage as a result of business interruption, other consequential damage and loss of data, related to the performance of an agreement.
11. A condition for the creation of any right to compensation is that the User notifies VerhuurtBeter.nl in Writing immediately after the occurrence or (possible) discovery of the damage. Any claim for compensation lapses if this notification to the Landlord is not made within 12 months after the occurrence of the damage.
12. If and insofar as the User breaches the provisions of these Conditions of use or any statutory provision, the User indemnifies VerhuurtBeter.nl against all resulting damage and claims of third parties. The User also indemnifies VerhuurtBeter.nl against all other claims of third parties in connection with the use of the services offered by VerhuurtBeter.nl.
Article 10. Intellectual property
1. All database, copyright and other intellectual property rights to the software, designs and ideas of VerhuurtBeter.nl, its domain name, the Platform and parts thereof, including the design, operation, images and sounds, are vested in VerhuurtBeter.nl or its licensors. The User is prohibited from multiplying, modifying, or reproducing this material in any way, providing it to third parties or using it for purposes other than those expressly provided for in the agreement.
2. The User is not permitted to delete, render illegible, conceal or modify any notices or statements relating to intellectual property rights.
Article 11. Privacy
1. Before registering, the User should take note of the contents of the Privacy Statement of VerhuurtBeter.nl. This Privacy Statement forms an integral part of these Conditions of use. These Conditions of use contain a link to the Privacy Statement.
2. User data, including personal data, may be processed by the Landlord and VerhuurtBeter.nl as described in the Privacy Statement.
3. If the processing of certain personal data requires the User’s consent, this will be explicitly requested.
Article 12. Final provisions
1. All agreements concluded with VerhuurtBeter.nl and all legal relationships arising from them between the Parties are exclusively governed by Dutch law.
2. Before appealing to the Courts, the Parties are obliged to make every effort to settle the dispute in mutual consultation.
3. Unless the law requires otherwise, only the competent Court within the district where VerhuurtBeter.nl is established has jurisdiction to hear disputes.
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