/Terms of Use - Zoover Portal

Terms of Use - Zoover Portal

These are the general user terms and conditions (the “Terms”) of Vakanties.nl B.V. (based in Rotterdam, registered in the trade register of the chamber of commerce under no. 69164967), acting under the trade name Zoover (“we” or “Zoover”) and running the portal Zoover.nl and Zoover.be (each the “Portal”) that apply to the relation between Zoover and you as owner or manager (“you” or the “Manager”) of an accommodation, place of interest, attraction, or museum (the “Property”) in relation to the use of the Portal. The Manager and/or Property (in case that is a legal entity) collectively the “User”. 

1. ACCOUNT AND USE OF THE PORTAL

1.1 You may use the Portal by completing the registration process and providing us with current, complete, and accurate information as requested. It is your responsibility to maintain the up to date, completeness and accuracy of your (registration) data, and any damage or loss caused by your failure to do so is your responsibility. 

1.2 As part of the registration process, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password and your account. You shall immediately notify Zoover of any unauthorized use of your account or loss of login credentials. Zoover is not liable for any damage or loss that you may incur as a result of someone else using your account.

1.3 You represent and warrant that you are entitled to duly represent the Property as owner or manager.

2. USE OF DATA

2.1 The User guarantees that: 

a) all information, content, photos and other types of data provided to Zoover related to the account and the Property (the “Data”) is current, complete and accurate;

b) the Data is kept up to date and these Terms shall also apply to the change of Data; 

c) the Data that you provide to the Portal only relates to you or the Property;

d) inaccuracies are corrected as soon as possible, in any case within 48 hours upon request by Zoover;

e) there are no references in the Data to commercial websites;

f) all Data is in no way misleading for those considering booking the Property concerned;

g) the Data complies with clause 4.1 and 4.2.

2.2 We reserve the right to change, refuse or remove the Data or reviews from the Portal, for example because they are incorrect, misleading, are in violation of applicable law or are unlawful towards third parties, without being liable towards you in any way. 

2.3 By providing Data on the Portal or to Zoover, the User gives permission to process this data in alignment with our Privacy Statement.

3. ZOOVER’S SERVICES AND AUTHENTICATION OF REVIEWS

3.1 Zoover offers you the possibility to manage your Property on the Portal.

3.2 As Zoover is dependent on information provided by visitors of the Property and Managers, Zoover uses its best efforts to (review and) publish accurate information on the Portal. Since inaccuracies cannot be fully prevented, please report any inaccuracies.

3.3 Zoover may impose limits or otherwise restrict your access to all or parts of the Portal without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data.

3.4 The Portal offers the possibility for the visitors of the Property to post reviews about the Property. Zoover shall take reasonable and proportionate measures in accordance with the procedures described on our Portal to verify the authenticity of the reviews and to remove any reviews that are false, inappropriate, misleading, offensive or contrary to public decency or in violation of applicable law. 

3.5 In case of questions, concerns or complaints (including reporting suspicious or non-compliant reviews) always contact our service desk or use the procedures provided for at the Portal. 

4. INTELLECTUAL PROPERTY

4.1 The User guarantees that it is the rightful claimant to the Data and that posting such Data on the Portal or granting a license on the basis of this clause does not infringe any (intellectual property) rights of third parties.

4.2 If the User nevertheless infringes any (intellectual property) rights of third parties or if the Data is not complete, current or accurate, the User shall indemnify Zoover against any and all reasonable (legal) costs, loss and damages that Zoover may suffer as a result thereof, including but not limited to (alleged) infringement claims or other claims brought by third parties. 

4.3 By providing the Data to Zoover, the User grants Zoover the non-exclusive, perpetual, transferable, irrevocable, and sub-licensable right with respect to the Data, without any royalty or other compensation being due, to use, reproduce, adapt, translate, distribute, publish and create derivative works and to publish and reproduce the Data in all current and future media.

4.4 The User gives Zoover the right, as the licensee of the Data, to take legal action in its own right against third parties who infringe the rights to the Data and against third parties who act unlawfully towards the Data and to claim in its own name and in its own title an injunction, compensation and/or transfer of profit in such legal proceedings.

4.5 The User hereby authorizes Zoover, if and insofar as Zoover cannot act independently against the infringements/unlawful acts reported in the previous paragraph, to take legal action on behalf of the User against third parties that infringe the rights of User with regard to the Data and against third parties who act unlawfully towards the User with regard to the Data.

4.6 Zoover, its logo and all other product or service names or slogans displayed on the Portal are registered and/or trademarks of Zoover and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Zoover. 

5. TERMINATION OF THE ACCOUNT AND/OR THE SERVICES

5.1 The User may terminate its account subject to one month notice by sending a notification of termination to [email protected] or by using the “Delete My Account” button in the portal. For the avoidance of doubt, all Data with respect to the Property will remain in the Portal in case of termination of the account.  

5.2 Zoover may suspend or terminate the account with immediate effect, if (a) the User misuses the Portal, including but not limited to acting in violation of these Terms, any provision of Dutch law or the netiquette that are common on the internet or (b) in case a User is posting fake reviews on the Portal. “Fake reviews” are defined as positively reviewing your own Property or negatively reviewing your competitors. A deleted User on the basis of this clause 5.2 is not allowed to create a new account.

5.3 Zoover may limit, suspend or terminate the account subject to one month notice by giving reason to the User of such termination (e.g. the Property no longer fits within the Portal). 

5.4 Zoover may change, suspend or discontinue any aspect of its services at any time, including availability of any of the services’ features, databases or content on the Portal. 

5.5 If your account is terminated, by yourself or by us, all personal data relating to such account will be deleted. It is at Zoover's discretion whether to continue to use the other Data. 

6. LIABILITY

6.1 Zoover shall not be liable for any loss or damage suffered by the User, by whatever cause or in whatever form, unless Zoover acted in breach of these Terms or the damage is caused by intent or willful recklessness on the part of Zoover or its senior personnel. Zoover shall not be liable for any costs, damage of loss as result of reviews or other information posted by third parties.

6.2 Any liability of Zoover, either as result of a breach of these Terms or in case of tort, towards User is limited to compensation for direct loss and damage, up to a maximum amount of EUR 5,000. Zoover shall never be liable for any indirect loss or damage, including but not limited to consequential damage, loss of turnover and profit, loss of data and immaterial damage, suffered by the User or third parties. 

7. MISCELLANEOUS

7.1 Zoover is entitled to unilaterally change these Terms upon giving one-month-notice to the User. 

7.2 If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect. The invalidity or unenforceability of any term of or right arising pursuant to these Terms shall not adversely affect the validity or enforceability of the remaining terms and rights hereunder.

8. GOVERNING LAW AND JURISDICTION

8.1 These Terms and the relationship between Zoover and the User shall be governed by Dutch law.

8.2 Any and all disputes related or connected to these Terms or a claim based on tort shall be subject to the exclusive jurisdiction of the competent Court of Rotterdam.

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