General terms and conditions landlord

ARTICLE 1. | DEFINITIONS

1. Flickmyhouse: part of Truefip BV, the user of these general terms and conditions, located at Bolstoen 12K, 1046AT in Amsterdam, registered in the Trade Register under Chamber of Commerce number 59033657.
2. User: the natural or legal person, at least in the context of the agreement acting as a provider of accommodation, with whom Flickmyhouse has concluded or intends to conclude an agreement.
3. Agreement: the agreement concluded between the user and Flickmyhouse with which Flickmyhouse has committed itself, whether or not for a further agreed fee, to allow the application to be used.
4. Application: the mobile application of Flickmyhouse that the user can use in the context of the agreement by promoting living space in accordance with the possibilities and limitations of that application.

ARTICLE 2. | GENERALPROVISIONS

1. These general terms and conditions apply to every offer from Flickmyhouse addressed to the user and every agreement that has been concluded.
2. Before the user can use the application, registration is required in accordance with the provisions of article 3 and the user must agree to the applicability of these general terms and conditions.
3. Before the user can use the application, registration is required in accordance with the provisions of article 3 and the user must agree to the applicability of these general terms and conditions.
4. Annulment or nullity of one or more of the provisions of these general terms and conditions does not affect the validity of the other provisions. In such a case, the parties are obliged to enter into mutual consultation in order to make an alternative arrangement with regard to the affected clause. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
5. If the user concludes the agreement on behalf of another natural or legal person, he declares that he is authorized to do so by entering into the agreement. In addition to this (legal) person, the user is jointly and severally liable for the fulfillment of the obligations under that agreement.

ARTICLE 3. | ABOUT THE APPLICATION, REGISTRATION & CONTENT OF THE AGREEMENT

1. The use of the application is offered to providers (users within the meaning of Article 1.2) and potential tenants of living space. These parties will post photos of the accommodation offered or profile photos on their account. Photos of the accommodation offered are presented to them one by one, depending on the settings of potential tenants. If a potential tenant likes the user’s living space, the user will see this on the application and the user can chat and negotiate with the potential tenant via the application’s messaging system, if desired.
2. To use it, registration on the application is required. The user must provide all mandatory information requested during registration completely and truthfully. After the correct completion of the registration procedure, the agreement has been concluded.
3. After the agreement has been concluded, the user must provide all required mandatory information with regard to the accommodation to be offered by him, including: such clear photos and a description of the accommodation that home seekers can form a good opinion about the housing offer. . Furthermore, the user must state the business address of the living space, as well as the requested rent, including additional costs, such as service costs. Insofar as additional costs that can reasonably be assumed to be generally for the account of tenants, such as costs of gas, water and electricity, are not included in the rental price offered by the user, this does not have to be explicitly stated by the user. In all other respects, potential tenants will receive an as accurate as possible statement of the price and cost factors that will exist in connection with the rental of the living space by means of the housing offer on the application.
4. Flickmyhouse only commits itself to the publication of a listing of properties posted by the user and is not a party to (the conclusion of) any rental agreements between the user and (potential) tenants who also use the application. Furthermore, Flickmyhouse cannot guarantee that the user will actually find a suitable tenant for the accommodation offered by him.
5. The user is fully responsible for the content of the content uploaded by him through the application. Flickmyhouse is not obliged to ascertain the content of the posted housing offer and the correctness,

completeness, reliability and legality of the data provided to Flickmyhouse by the user. The user indemnifies Flickmyhouse against all claims from third parties (including tenants) in this regard.

ARTICLE 4. | DURATION OF THE AGREEMENT

1. The agreement is entered into for the definite period of time that is expressly stated on the application and before the agreement is concluded. In any case, a term of six months applies to brokers and other users who act in the exercise of a profession or business.
2. After expiry of the agreed term, the agreement ends by operation of law, unless the agreement is expressly extended. The user can expressly extend the agreement in the manner prescribed by Flickmyhouse.
3. The user is at all times entitled to cancel his registration through the application. However, the user is never entitled to any refund of payments already made by him.
4. Subject to the restrictions as stated in these general terms and conditions, Flickmyhouse will keep the application available to the user for use during the term of the agreement. Due to the termination of the agreement in accordance with the provisions of the previous two paragraphs, the user’s housing offer is no longer displayed via the application. Flickmyhouse is entitled to keep the user’s housing offer available unpublished for a reasonable period after termination of the agreement, but is not obliged to do so. After the agreement has ended, Flickmyhouse is under no obligation to retain any content uploaded by the user through the application or otherwise provided to Flickmyhouse by the user.

ARTICLE 5. | OBLIGATIONS OF THE USER

1. In the context of using the application, the user who acts as a broker or intermediary is not entitled to request commission in connection with a housing offer that is already available for publication on the application at thattime.
2. The user is not allowed to create multiple accounts on the application. If the user registers again after a previous registration has expired or has been undone, the user will not again be entitled to free use of the application as referred to in article 6.2.
3. Any usernames and passwords provided by Flickmyhouse must be kept strictly confidential by the user. All actions performed on the user’s account are attributed to the registered user.
4. Abusive behavior is strictly prohibited. Misuse is understood to be non-exhaustive: intentionally entering incorrect and misleading information through the application, infringing the software and technical systems of Flickmyhouse and intentionally causing malfunctions or defects with regard to the application.
5. The user is prohibited from attempting to decompile or counterfeit software used in connection with the application, manipulate it in any other way or develop software that infringes on the software used by Flickmyhouse.
6. The user is prohibited from sending unsolicited messages (SPAM) through the systems of Flickmyhouse.
7. Flickmyhouse reserves the right, for serious reasons, to refuse or remove the content uploaded by the user or to deactivate the user’s account in case the user acts in violation of any provision of these terms and conditions and in particular the provisions of the previous paragraphs of this article.

ARTICLE 6. | PRICES AND PAYMENTS

1. Flickmyhouse’s offer states the most accurate possible statement of the price factors. All prices quoted by Flickmyhouse include VAT.
2. The user can offer the first five homes for rent through the application free of charge. From the moment the user offers more than five homes or in the event that the user has placed a listing of homes on the application more than five times in total, the user owes a fixed price for the use of the application, even if the number of homes that the user simultaneously discloses through the application at any time is less than five. The amount of the price owed by the user is expressly stated in the offer.
3. Before Flickmyhouse is obliged to provide the opposite consideration to the user, payments must be made by means of payment via the Apple Store or Google Play Store.

ARTICLE 7. | LIABILITY AND INDEMNITY

1. Except for intent or willful recklessness on the part of Flickmyhouse, Flickmyhouse is never liable for any direct or indirect damage, including consequential damage, loss suffered and lost profit. In particular wears

Flickmyhouse is not liable for damage as referred to in the following paragraphs of this article and the other provisions regarding liability in these general terms and conditions.

1. Flickmyhouse is not able to determine with certainty the identity of potential tenants who also use the application. The user is responsible for observing the required care.
2. Flickmyhouse determines on the basis of various variables, at least at its own discretion, which users to which potential tenants are presented. The user cannot rely on Flickmyhouse that other users more suitable potential tenants are proposed than the user himself and that any liability rests on Flickmyhouse in this regard or that the user is entitled to any other compensation.
3. Flickmyhouse bears no liability whatsoever for the content of the content published through the application, both with regard to the user’s housing offer and with regard to profiles of potential tenants. Flickmyhouse therefore accepts no liability whatsoever for the data stored and exchanged using the application.
4. Flickmyhouse bears no liability for damage as a result of the user’s failure to comply with the obligations under these general terms and conditions. The user indemnifies Flickmyhouse against all claims from potential tenants and other third parties in this regard.
5. Flickmyhouse is not liable for damage as a result of unauthorized use of usernames and passwords.
6. Flickmyhouse only makes advertising space available to the user and is in no way involved in the transactions between the user and (potential) tenants. Any liability of Flickmyhouse in this regard is excluded.
7. Flickmyhouse makes every effort to optimize the correct operation and accessibility of the application. However, Flickmyhouse cannot guarantee that the application will be available indefinitely and that all features of the application will function without any problems. All liability of Flickmyhouse in this regard is excluded.
8. Flickmyhouse is at all times authorized to temporarily shut down the application or have it taken out of use if this is deemed desirable in connection with maintenance, adjustment or improvement of the application or the servers of Flickmyhouse or third parties. Any liability of Flickmyhouse in this regard is excluded.
9. In the event that Flickmyhouse is nevertheless liable to the user for any damage despite the provisions of these general terms and conditions, that liability is limited to the invoice value of the agreement, at least to that part of the agreement to which the liability of Flickmyhouse relates.
10. All claims and defenses against Flickmyhouse lapse after one year.

ARTICLE 8. | PRIVACY

All personal data provided to Flickmyhouse will be treated confidentially in accordance with the Personal Data Protection Act. Flickmyhouse will only process chat messages exchanged between the users of the application in anonymous form for its own purposes in order to analyze their usage behaviour. The personal data provided to Flickmyhouse will under no circumstances be sold to third parties and, subject to the provisions of the rest of this article, will only be used for the execution of agreements and for handling the registration of the user. The user agrees that Flickmyhouse may process the user’s personal data internally for analytical purposes and to improve the application. Furthermore, the user agrees that content uploaded by him through the application may be used for promotional purposes of Flickmyhouse and/or the user, for example by sharing that content with social media platforms of third parties or real estate or media partners of Flickmyhouse.

ARTICLE 9. | INTELLECTUAL PROPERTY

All copyrights and other intellectual property rights to the application, including the design, operation, images and texts, belong to Flickmyhouse, insofar as these rights do not rest with third parties. The user is prohibited from copying, reproducing or using this material in any other way than is necessary in connection with the normal use of the application.

ARTICLE 10. | FINAL PROVISIONS

1. Only Dutch law applies to every agreement and all legal relationships arising from it between the parties.
2. If a legal dispute should arise between the parties, the parties are obliged, before appealing to the courts, to make every effort to settle the dispute in mutual consultation.
3. Insofar as the law does not necessarily deviate from this, only the competent court within the district of Flickmyhouse is designated to take cognizance of legal disputes.