General Terms and Conditions
Portneeds B.V. (hereinafter: Portneeds) is registered with the Chamber of Commerce under number 81932464 and is located at Posthoornstraat 17 (3011WD) in Rotterdam.
Article 1 - General
1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
2. Advertisement: the offer of a User to another User.
3. Portneeds: the service provider who makes the use of the Website which is available to a User.
4. Company: The natural or legal person in the capacity of a profession or business.
5. Services: publishing an Advertisement, responding to Advertisements.
6. User: The Company that uses the Website.
7. Client: The company that enters into an Agreement with Portneeds.
8. Agreement: any Agreement and other obligations between the Client and Portneeds, as well as proposals from Portneeds for Services provided by Portneeds to the Client and which are accepted by the Client and have been accepted and performed by Portneeds.
9. Website: www.portneeds.com
Article 2 - Applicability
2. Deviation from these general terms and conditions is not possible. If you do not agree to this Agreement, you may not use the Services.
3. The general terms and conditions of the Client in the exercise of a profession or business are excluded.
4. Portneeds handles the (personal) data of Users with care. Processing of personal data will only take place in the context of the performance of the services of Portneeds. Portneeds will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the Privacy statement of Portneeds.
5. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Services are not available to any Users we have previously been removed or suspended from the Services.
6. As the provider of the Website, Portneeds is not a contracting party to the agreement that can be concluded between Users.
7. Portneeds has no control over and never guarantees the quality, suitability, completeness, correctness, (il) legality, assessments and / or reviews of the Advertisements, or the User who has placed the relevant Advertisement. Portneeds points out that each User has an independent obligation to investigate whether the advertisement (s) shown complies with the above. Any images accompanying the Advertisement are only intended as a representation. A User cannot derive any rights from these image (s), and can never be regarded as an approved image by Portneeds.
8. The content of placed advertisements or parts thereof can be displayed on other websites, applications, e-mails, social media and in other online and offline advertisements.
9. The Website may contain links to websites of third parties. Other cookies and / or privacy statements may apply to the websites of third parties. Portneeds is not responsible or liable for the availability or correctness of the (content of the) websites of third parties. A link on the Website to a third party can never be regarded as an approval by Portneeds of the (services of) the third party.
10. The User is prohibited from transferring the Agreement to a third party, unless explicitly agreed otherwise in writing.
Article 3 - Use of the Website
1. Portneeds may impose further restrictions or conditions on access to and use of certain parts or functions of the Website, including but not limited to creating an account, completing a verification process and meeting specific quality or eligibility criteria. .
2. Authenticating Users is not waterproof. Nevertheless, Portneeds will take all reasonable measures that can be expected of it with regard to the verification process. In this regard, a User may be required to provide some form of (government) identification or other information. Portneeds also has the right to screen Users based on public records of criminal convictions (if available).
3. Each User is prohibited from copying and / or reproducing, disclosing or modifying the (content) of the Website without the prior written consent of Portneeds. This also includes the content of the Advertisements.
4. The (content of) the Website and Advertisements can be protected by intellectual property rights and / or trademarks. By using the Website, each User agrees that the intellectual property rights rest with Portneeds and / or the User who posted the Advertisement. The User is expressly prohibited from infringing the intellectual property rights of Portneeds and third parties, as well as the good name of Portneeds. All intellectual property rights and copyrights of the Website, including the graphic designs, ideas and the like, rest exclusively with Portneeds and are expressly not transferred to the User. A User is prohibited from using, modifying, copying, licensing, selling or otherwise exploiting the content. A User has only a limited right of use to make use of the Website.
5. Furthermore, the User is not permitted to process, collect or otherwise use the (personal) data of Users who have placed an Advertisement on the Website for the purpose of acquiring or offering their own services or products.
6. The User ensures that all data, of which Portneeds indicates that they are necessary or of which the User should reasonably understand that they are necessary for the access and / or use of the Website.
7. Portneeds is not liable for damage, of whatever nature, that has arisen because Portneeds has relied on incorrect and / or incomplete information provided by the User, unless this inaccuracy or incompleteness was known to Portneeds.
8. A User has access to the information as published and displayed on the Website. The User is at all times responsible for all data and information that he places on the Website or in his account. If the User suspects that the information provided by him is incorrect or incomplete, the User will immediately inform Portneeds and still provide the correct information. User must keep his data up-to-date and can adjust his data in his own account.
9. Portneeds is entitled to change (parts of the) Website, as well as its Services. User will be informed of any changes in reasonable time.
Article 4 - The account
1. A User can create an account for the purpose of accessing and using certain functions of the Website. For the business user, the person who performs the registration represents and warrants that he / she has the authority to legally bind the company and provides all necessary consents and licenses to Portneeds necessary for the proper performance of the Agreement.
2. Unregistered Users are able to use Services of Portneeds available to users of the website which have not undergone the Registration procedure, in particular:
- viewing advertisements and contact information of the other Users registered on the Website.
3. The account can be registered with an e-mail address and a password, or via a (social media) account such as Facebook.
4. The User is obliged to provide correct and complete information during the registration of the account and to keep the account up-to-date at all times.
5. Each User may only register one account unless expressly agreed otherwise in writing. The account is personal and may not be transferred.
6. The User is responsible for his or her login details and should not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possible unauthorized use of the account, the User must immediately contact Portneeds. User is personally liable for all activities carried out through his / her own account, unless the User can demonstrate that he / she has not been negligent (failure to report the unauthorized use or loss of login details).
7. Only after the account has been created, a User can perform actions on the Website.
Article 5 - Placing an advertisement
1. Each User has an independent responsibility for all content that the User makes available on or via the Website. By posting information on the Website, the user warrants that it is the owner of all data it publishes, or is authorized / authorized to publish / publicize such information on the Website. The User guarantees that all information and / or data that it publishes via the Website does not infringe the intellectual property rights of a third party, nor a violation of the applicable laws and regulations.
2. Each User is furthermore prohibited from uploading an Advertisement, posting reactions or otherwise publishing and / or distributing content on the Website through the Website in violation of Dutch laws and regulations, which in any case includes : data without the permission of the copyright owner, libelous information, or information that offends, harasses, is defamatory, discriminates, threatens, is racist in nature, violent, hateful, offensive, obscene, and information that contains 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 types harmful and / or illegal content that can damage the internet or e-mail traffic of third parties or the Website. Portneeds can remove the posted content, which contains one or more of the above-mentioned content. Portneeds will inform the relevant User who posted the content of this. Portneeds respects the copyright of third parties and expects the Users of the Website to do the same.
3. Each User agrees by uploading, publishing or otherwise making available to third parties information and / or data via the Website, that User has a free, non-exclusive, worldwide, sublicensable and transferable (use) license for provided the relevant content for the benefit of the exploitation and commercialization rights. This includes, but is not limited to, the right of Portneeds to use, copy, publish, modify and share and / or promote (parts thereof) for the Website on the internet and / or (social media) channels.
4. If a User offers a service or product through an Advertisement in the exercise of a profession or business, the User is obliged to (i) state the full price, including all unavoidable costs and (ii) show the price including VAT.
5. If the User suspects that the data provided by him is incorrect or incomplete, the User will immediately inform Portneeds and still provide the correct information and / or repair any defects himself.
6. Portneeds 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 Website in contravention of conditions or for purposes other than those for which the Website is intended.
7. If your Equipment sells, it is your responsibility to remove the Advertisement using the functionality available in your User Account or to notify Portneeds so that the Advertisement can be removed. Due to intervals to index data and safety measures, the contents of Advertisements are not immediately visible online.
Article 6 - Suspension and dissolution Advertisement
1. Portneeds has the right to suspend the Advertisement of the User (and / or its other Services) if the User has not, not timely or not fully fulfilled his payment obligation, the content of the Advertisement is in violation of these conditions, or the Advertisement is misleading or otherwise causes damage to other Users or third parties.
2. The right of withdrawal is excluded for the User.
Article 7 - Notice and Takedown
1. In the event of (possible) criminal acts, Portneeds is obliged to report this and to hand over the information provided by the User to the competent authorities, as well as to perform all acts that are required of her in the context of the investigation. Portneeds has the right to deny the User access to the Website and / or to terminate the use of the Website.
2. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the User.
3. User is responsible for the correct security of the (mobile) device on which he uses the Website, 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 Portneeds or third parties and / or unlawful acts by the User, Portneeds is also entitled to delete the User's account or otherwise impose restrictions on the use of the account. of User such as restricting or disabling the posting of Ads, comments and more. Portneeds will immediately remove any infringing / harmful information. Under no circumstances is Portneeds liable for the damage suffered by the User, of whatever nature as a result of the User's actions.
5. Each User can report instructions and / or complaints to Portneeds about infringing or illegal Advertisements, or complaints about other Users. A report can be made via e-mail (email@example.com) and/or by leaving a message via the Website.
6. Portneeds is not responsible if a User transfers money to another User for a service or product offered by the User, and the service or product and / or User turns out not to be genuine. Portneeds points out to each User that each User must check for himself whether the Advertisement is correct, or whether it may be a misleading Advertisement, or whether there is fraud in any other way.
Portneeds has a page HERE explaining how to spot a scammer.
Portneeds cares about the integrity and security of the information they handle. Portneeds have implemented and follows an information security policy, including physical, managerial and technical safeguards deemed appropriate by Portneeds in their sole direction, designed to preserve the integrity and security of that information. However, Portneeds cannot guarantee that unauthorized third parties will never be able to defeat security measures or use information for improper purposes. Information provided is, within the margin of the law, at the risk of User.
Article 8 - Availability of the Website
1. Portneeds does not guarantee that the Services will always meet the expectations that have been raised in advance. Portneeds makes every effort to provide (access to) the Website to the User without interruption as far as possible, but does not guarantee the full availability of the Website at all times. Portneeds is entitled to suspend the use of the Website if and insofar as, in its opinion, there is a risk of the error-free functioning of the Website. Portneeds is furthermore entitled to take all measures it deems reasonably necessary to guarantee the effective functioning of the Website.
2. Portneeds is not responsible for disruptions or disruptions to the internet, telecommunications infrastructure that are beyond the control of Portneeds and which may lead to interruptions in the availability of the Website. Portneeds may, temporarily and with due observance of the legitimate interests of the Users, limit the availability of the Website if Portneeds deems this necessary in view of any capacity limits, the security / integrity of the Portneeds servers, or to perform maintenance on the Website. . Portneeds is entitled to carry out maintenance on the Website and can introduce new functionalities and. Portneeds will inform the Users as much as possible of any changes to the Website, unless such changes are of a minimal nature without having a material effect on any contractual obligations.
3. Portneeds never has responsibility for and / or influence on the sale of the services or products offered by Users, and does not guarantee the quality of what is 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 investigate the relevant product or service offered by another User through the Advertisement. All information and numbers displayed on the Website are subject to spelling or typing errors. Portneeds is never liable if the service or product does not meet the expectations of a User.
Article 9 - Payment and collection policy
1. User is obliged to pay the advertising costs upon purchase on the basis of prepayment.
3. If User does not fulfill its payment obligation, and has not fulfilled its obligation within the specified payment term, User is in default by operation of law. From the date that User is in default, Portneeds will, without further notice of default, be entitled to the statutory commercial interest from the first day of default until full payment, and to calculate compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code (artikel 6:96 van het Burgerlijk Wetboek) according to the graduated scale from the decision extrajudicial collection costs of 1 July 2012 (het besluit vergoeding voor buitengerechtelijke incassokosten van 1 juli 2012).
4. If Portneeds has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The integral judicial and execution costs incurred are also at the expense of the Client.
5. Portneeds' Services are payable by bank transfer, credit card (Visa / MasterCard) or via other systems of electronic payments, depending on the User’s country of residence. The full list of payment options shall be available to the User on the payment website.
Article 10 - Limitation of Liability
1. Portneeds is not liable if it cannot fulfill its obligations as a result of a force majeure situation, nor can it be held to comply with 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 under the law, a legal act or generally accepted beliefs. Force majeure is in any case understood to mean, but is not limited to what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers of Portneeds, (ii) failure to properly fulfill obligations of suppliers, (iii) deficiency 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: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Portneeds and (xi) other situations that, in the opinion of Portneeds, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
2. If and insofar as any legal provision does not preclude this, Portneeds excludes all liability for damage suffered by the User on the basis of (i) the use of the Services of Portneeds, (ii) the sale of the services or products of (
other) Users via the Website, (iii) the Website's non-availability or incomplete or secure availability, (iv) changes in, to or on the Website or Services of Portneeds and (v) any incorrect and / or incomplete information on the website.
3. Portneeds excludes all consequential damages.
4. If and insofar as Portneeds appears to be liable, its liability is limited to the maximum amount that User has paid to Portneeds in the context of the Agreement, but no more than one year (12 months) prior to the event causing damage, at least up to a maximum amount of 250 euros.
5. All claims of the User due to shortcomings on the part of Portneeds will lapse if they have not been reported to Portneeds 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, Portneeds' liability lapses.
Article 11 - Indemnification
User indemnifies Portneeds against claims from third parties with regard to damage suffered by them on the basis of (i) the use of the services or products, (ii) the use of Portneeds Services, (iii) the unlawful content of the Advertisement and / or the offered (iv) the conclusion of an agreement on the basis of an Advertisement.
Article 12 - Complaints
1. If a User is not satisfied with the Services of Portneeds, the Client is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant cause that led to the complaint. Complaints can be reported verbally or in writing via firstname.lastname@example.org with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and / or explained by the User if Portneeds is to be able to deal with the complaint.
3. Portneeds will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to find a solution together.
Portneeds is free to adjust (parts of the) Website, as well as the content of its Services and these general terms and conditions. The amended terms will be published on the Website with the last 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 to the changes in time, at least not before the date on which the changes take effect, or if the agreement is terminated, the User agrees to the changed conditions. Even if the User uses the Website from the date of entry into force of the changes, the User is deemed to have accepted the amended terms and conditions.
Article 14 - Applicable law
1. The legal relationship between Portneeds and the Client and Portneeds and the User is governed by Dutch law.
2. All disputes arising from or as a result of the agreement between Portneeds and the Client, or through the use of the Website by the User, will be settled by the court of the Rotterdam District Court unless mandatory provisions of law designate another competent court.
This version was last adopted on May 17, 2021, Rotterdam.