General Terms and Conditions
Private company with limited liability Ace Pet and Plant Sitters BV (hereinafter: Acepnp) has its registered office at Bos en Lommerplein 270 5th floor 1015 RW in Amsterdam.
Article 1 - General
- In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
- Owner: the plant or pet Owner who uses the Platform and enters into an Agreement with the Sitter.
- Sitter: the natural legal person (not) in the capacity of a profession or business who uses the Platform of Acepnp and enters into an Agreement with Owner.
- User: the natural or legal person (not) in the capacity of a profession or business who uses the Platform. User is equated with Owner and Sitter.
- Advertisement: the offer of a User to another User.
- Platform: the Platform in the form of a website or application of Acepnp, with which the User can use the Services offered by the User.
- Acepnp: the service provider that makes the use of the Platform available to a User.
- Services: making a Platform available to Users and facilitating the conclusion of an Agreement between Users.
- Agreement: any Agreement and other obligations between User and Acepnp, as well as proposals from Acepnp for Services provided by Acepnp to User and accepted by User and accepted and performed by Acepnp.
- Website: https://www.acepnp.com/.
Article 2 - Applicability
- These terms of use apply to any Agreement between Owner and Sitter and to the use of the Platform by each User.
- Deviation from these general terms and conditions is not possible.
- The general terms and conditions of the User in the exercise of a profession or business are excluded.
- Acepnp handles the (personal) data of Users with care. Processing of personal data will only take place in the context of the execution of the Services of Acepnp. Acepnp will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in Acepnp's Privacy statement.
- As provider of the Platform, Acepnp is not a contracting party to the agreement that may be concluded between Users. Acepnp is never responsible for the Sitter's rates and the way in which the Sitter wishes to be paid. The Sitter must agree the payment with Owner.
- As provider of the Platform, Acepnp is not a contracting party to the agreement that may be concluded between Users. Acepnp is never responsible for the Sitter's rates and the way in which the Sitter wishes to be paid. The Sitter must agree the payment with Owner.
- Acepnp grants the Sitter three credits, if a Sitter request is rejected by the Sitter or if the Sitter cancels the Agreement at the last minute without valid reason, one credit will be deducted. If the cancellation occurs more often and the Sitter has no more credits left, Acepnp has the right to refuse the Sitter access to the Platform, unless the Sitter purchases new credits.
- The Agreement (employment relationship) that is concluded between Owner and Sitter, being a natural person who is not acting in the course of a profession or business, falls under the Home Services Regulations (Regeling dienstverlening aan huis), which can be found on the website of the Central Government (Rijksoverheid.nl). Owner and Sitter are responsible for compliance with and correct declaration of income tax in accordance with the Home Services Regulations. As provider of the Platform, Acepnp is not a contracting party to the agreement that may be concluded between Owner and Sitter. Acepnp cannot be held liable for any damage resulting from the Agreement between Owner and Sitter.
- Acepnp has no control and never guarantees the quality and suitability of Sitter who enters into an Agreement with Owner. Acepnp does have the option to screen Sitters (online). This can be done by means of a (digital) intake interview with the Sitter.
- During his absence, Owner receives a logbook via the Acepnp Platform, so that Owner knows exactly when Sitter has visited and how his/her pets or plants are doing.
- The content of placed advertisements or parts thereof may be displayed on other websites, applications, emails, social media and in other online and offline advertisements.
- The Platform may contain links to third party websites. Other cookies and/or privacy statements may apply to third-party websites. Acepnp is not responsible or liable for the availability or correctness of the (content of the) websites of third parties. A link on the Platform to a third party can never be regarded as an approval by Acepnp of the (Services of) the third party.
- The User is prohibited from transferring the Agreement to a third party, unless expressly agreed otherwise in writing.
Article 3 - Use of the Platform
- Acepnp may impose further restrictions or conditions on the access to and use of certain parts or functions of the Platform including but not limited to creating a profile, completing a verification process and meeting specific quality or eligibility criteria through an intake interview.
- Verifying Users is not foolproof. Nevertheless, Acepnp takes all reasonable steps that can be expected of it with regard to the verification process.
- Each User is prohibited from copying and/or reproducing, publishing or modifying the (contents) of the Platform without the prior written consent of Acepnp. This also includes the content of the Advertisements.
- The (content of) the Platform and Advertisements may be protected by intellectual property rights and/or trademarks. By using the Platform, each User agrees that the intellectual property rights rest with Acepnp and/or the User who placed the Advertisement. The User is expressly prohibited from infringing the intellectual property rights of Acepnp and third parties, as well as the good name of Acepnp. All intellectual property rights and copyrights of the Platform, including the graphic designs, ideas and the like, rest exclusively with Acepnp and are expressly not transferred to User. A User is prohibited from using, adapting, copying, licensing, selling or otherwise exploiting the content. A User has only a limited right to use the Platform.
- The User is furthermore not permitted to process, collect or otherwise use the (personal) data of Users who have placed an Advertisement on the Platform for the purpose of acquiring or offering its own Services.
- The User ensures that all data, which Acepnp indicates is necessary or which the User should reasonably understand to be necessary for access and/or use of the Platform.
- Acepnp is not liable for damage, of whatever nature, that has arisen because Acepnp has based on incorrect and/or incomplete information provided by the User, unless this incorrectness or incompleteness was known to Acepnp.
- A User has access to the information as published and displayed on the Platform. The User is at all times responsible for all data and information that he places on the Platform or on his profile. If the User suspects that the information provided by him is incorrect or incomplete, the User will inform Acepnp without delay and still provide the correct information. User must keep his data up-to-date and can adjust his data in his own profile for this purpose.
- Acepnp is entitled to change parts of the Platform, as well as its Services. User will be informed of any changes in a timely manner.
Article 4 - The profile
- Each User must create a profile for the purpose of accessing and using certain functions of the Platform, such as publishing or viewing an Advertisement. For the business User, the person performing the registration represents and warrants that he/she has the authority to legally bind the company and provides Acepnp with all necessary permissions and licenses necessary for the correct execution of the Agreement.
- The profile can be registered with an email address and a password.
- The User is obliged to provide correct and complete information during the registration of the profile and to keep the profile up-to-date at all times.
- Each User may only register one profile unless expressly agreed otherwise in writing. The profile is personal and may not be transferred.
- The User is responsible for his or her login details and must not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possibly there is unauthorized use of the profile, the User must immediately contact Acepnp. The User is personally liable for all activities performed via his/her own profile, unless the User can demonstrate that he/she has not been negligent (not reporting the unauthorized use or loss of login details).
- Only after the profile has been created, a User can perform actions on the Acepnp Platform.
Article 5 - Placing an advertisement
- Each User is independently responsible for all content that the User makes available on or through the Platform. By posting information on the Platform, the user warrants that it is the owner of any data it publishes, or is authorized/authorized to publish/publicize such information on the Platform. The User guarantees that all information and/or data that it publishes via the Platform does not infringe the intellectual property rights of a third party, nor is it a violation of applicable laws/regulations.
- Each User is furthermore prohibited from uploading an Advertisement, posting comments or otherwise publishing content on the Platform and/or distributing it via the Platform in violation of Dutch laws and regulations, which in any case includes : data without permission from the copyright owner, libelous information, or information that insults, harass, is defamatory, discriminates, threatens, is racist in nature, violent, hateful, offensive, obscene, and information containing child or otherwise punishable pornography . Also information that violates the privacy of third parties (including stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (which refers to such information on third-party websites), loans, lotteries and/or gambling (gambling), drugs as well as all other harmful and/or illegal content that can harm the internet or e-mail traffic of third parties or the Platform. Acepnp may remove posted content that contains one or more of the above content. Acepnp will notify the relevant User who posted the content. Acepnp respects the copyright of third parties and expects the Users of the Platform to do the same.
- Each User agrees by uploading, publishing or otherwise making available to third parties information and/or data via the Platform, that User is granted a free, non-exclusive, worldwide, sub-licensable and transferable (use) license for provided the relevant content for the purpose of the exploitation and commercialization rights. This includes, but is not limited to, Acepnp's right to use, copy, publish, modify and (parts thereof) share and/or promote the content for the benefit of the Platform on the internet and/or (social media). channels.
- If a User offers a service through an Advertisement in the course of a profession or business, the User is obliged to (i) name the full price, including all unavoidable costs and (ii) show the price including VAT.
- If the User suspects that the information provided by him is incorrect or incomplete, the User will inform Acepnp without delay and still provide the correct information and/or repair any defects itself.
- Acepnp is not liable for damage caused by complications related to the availability or operation of information from third parties, as well as damage resulting from use of the Platform in violation of conditions or purposes other than those for which the Platform is intended.
Article 6 - Suspension and dissolution Advertisement
- Acepnp has the right to suspend the Advertisement of the User (and/or its other Services) if the User has not fulfilled his payment obligation, not on time or not fully, the content of the Advertisement conflicts with these conditions, or the Advertisement is misleading or otherwise causes damage to other Users or third parties.
- The right of withdrawal is excluded for the User in the exercise of a profession or business.
Article 7 - Notice and Takedown
- 1. In the event of (possible) criminal acts, Acepnp is obliged to report this and to hand over the data provided by the User to the competent authorities, as well as to perform all acts requested of it in the context of the investigation. Acepnp has the right to deny the User access to the Platform and/or to terminate the use of the Platform.
- 2. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is for the account and risk of the User.
- 3. The User is responsible for the proper security of the (mobile) device on which he uses the Platform, as well as for securing and keeping his/her own login details confidential.
- 4. If and insofar as there is an infringement of the rights of Acepnp or third parties and/or unlawful acts by the User, Acepnp is also entitled to remove the User's profile or to impose restrictions on the use of the profile in any other way. of User such as restricting or disabling the posting of Ads, comments and more. Acepnp will immediately remove any infringing/harmful information. Under no circumstances is Acepnp liable for the damage suffered by the User, of whatever nature as a result of the User's actions.
- 5. Acepnp is not responsible if a User transfers money to another User for the benefit of a service offered by the User, and the service or the product and/or User appears not to be genuine. Acepnp points out to each User that each User must verify whether the Advertisement is correct, or whether it is possibly a misleading Advertisement, or whether it is otherwise fraudulent.
Article 8 - Availability Platform
- Acepnp does not guarantee that the Services will always meet the expectations raised beforehand. Acepnp makes every effort to offer (access to) the Platform to the User uninterrupted as far as possible, but does not guarantee the full availability of the Platform at all times. Acepnp is entitled to suspend the use of the Platform if and insofar as there is a danger to the flawless functioning of the Platform in its opinion. Acepnp is furthermore entitled to take all measures that it reasonably considers necessary to ensure the effective functioning of the Platform.
- Acepnp is not responsible for (disruptions) of the internet, telecommunications infrastructure that is beyond the control of Acepnp and which can lead to interruptions in the availability of the Platform. Acepnp may, temporarily and taking into account the legitimate interests of the Users, limit the availability of the Platform if Acepnp deems this necessary in view of any capacity limits, the security/integrity of Acepnp's servers, or to perform maintenance on the Platform . Acepnp is entitled to perform maintenance on the Platform and may introduce new functionalities. Acepnp will notify Users as much as possible of any changes to the Platform, unless such changes are minor in nature without materially affecting any contractual obligations.
- Acepnp never has any responsibility for and/or influence on the sale of the Services offered by Users, and does not guarantee the quality of the offered, the authority of a User to sell the service or product, nor about the correctness and completeness of the information provided. Each User has an independent obligation to research the relevant product or service offered by another User through the Advertisement. All information and numbers displayed on the Platform are subject to spelling or typing errors. Acepnp is never liable if the service or product does not meet the expectations of a User.
Article 9 - Payment and collection policy
- Owner pays a certain amount in credits for every booking.
- Owner has to pay these credits online at once.
- If Owner does not meet its payment obligation, and has not fulfilled its obligation within the specified payment term, Owner is a Company in default by operation of law. Owner, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that term, before falls into default. From the date that the User is in default, Acepnp will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
- If Acepnp has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full legal and execution costs incurred are also for the account of Owner.
Article 10 - Limitation of Liability
- Acepnp is not liable if it is unable to fulfill its obligations as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault, and is not for its account by virtue of the law, a legal act or generally accepted views. Force majeure is in any case understood to mean, but is not limited to what is understood in this regard in law and jurisprudence, (i) force majeure of suppliers of Acepnp, (ii) failure to properly fulfill obligations of suppliers, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in Acepnp's company and (xi) other situations that, in the opinion of Acepnp, are beyond its control that prevent the fulfillment of its obligations temporarily or permanently.
- If and insofar as any legal provision does not oppose this, Acepnp excludes all liability for damage suffered by the User on the basis of (i) the use of the Services of Acepnp, (ii) the sale of the Services of (other) Users via the Platform, (iii) the non-availability of the Platform or not fully or securely (iv) changes in, to or on the Platform or Services of Acepnp and (v) any incorrect and/or incomplete information on the Platform.
- Acepnp excludes all consequential damages.
- Acepnp is not liable for theft and/or damage or loss of (personal) property in and around Owner's house.
- Owner and Sitter are not insured through Acepnp and are responsible for taking out liability insurance. The absence of any insurance is for the account and risk of Owner en Oppasser.
- All claims by the User due to shortcomings on the part of Acepnp will lapse if they have not been reported to Acepnp in writing and with reasons within one year after the User was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, Acepnp's liability lapses.
Article 11 - Indemnification
- The User indemnifies Acepnp against claims from third parties with regard to the damage suffered by them on the basis of (i) the use of the Services, (ii) the use of Acepnp's Services, (iii) the unlawful content of the Advertisement and/or the offered (iv) concluding an agreement on the basis of an Advertisement.
Article 12 - Complaints
- If a User is not satisfied with the Services of Acepnp, the User is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported in writing to ace-info@acepnp.com with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the User for Acepnp to be able to handle the complaint.
- Acepnp will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 13 - Changes to terms of use
- Acepnp is free to modify parts of the Platform, as well as the content of its Services and these terms and conditions. The amended terms and conditions will be published on the Platform with the latest updated date. The User will also receive an email with the relevant changes 30 days prior to the entry into force of the amended terms and conditions. If the User does not agree with the content of the changes, the User can immediately terminate the Agreement. User will receive a further e-mail about the way in which the Agreement can be terminated. If the User does not reject or object in any other way in time, at least not before the date on which the changes come into effect, or if the agreement is terminated, the User agrees to the changed terms and conditions. Even if the User uses the Platform from the date on which the changes come into effect, the User is deemed to have accepted the changed terms and conditions.
Article 14 - Applicable law
- Dutch law applies to the legal relationship between Acepnp and User, and Acepnp and User.
- All disputes arising from or as a result of the agreement between Acepnp and the User, or due to the use of the Platform by the User, will be settled by the competent court of the Amsterdam court, location Amsterdam, unless mandatory provisions designate another competent court.