General terms and conditions tenants
ARTICLE 1. | DEFINITIONS
- Flickmyhouse: part of Truefip BV, the user of these general terms and conditions, located atBolstoen 12K, 1046AT in Amsterdam, registered in the Trade Register under Chamber of Commerce number 59033657.
- User: the natural person, acting as a home seeker within the framework of the agreement, with whom Flickmyhouse has concluded or intends to conclude an agreement.
- 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.
- Application: the mobile application of Flickmyhouse that the user can use in the context of the agreement by placing his profile on it and with which housing can be searched in accordance with the possibilities and limitations of that application.
- Profile: the profile of the user on the application, including his profile picture, a profile picture of any co-tenants and other (personal) data.
ARTICLE 2. | GENERALPROVISIONS
- These general terms and conditions apply to every offer from Flickmyhouse addressed to the user and every agreement that has been concluded.
- 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.
- 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.
ARTICLE 3. | ABOUT THE APPLICATION, REGISTRATION & CONTENT OF THE AGREEMENT
- The use of the application is offered to parties who want to search for housing to be rented through the application (users within the meaning of Article 1.2) and lessors of housing. These parties will post profile photos or photos of the accommodation offered on their account, after which these photos, depending on the settings of the parties, will be presented one by one to fellow users of the application and parties can form matches. After a match has been realized, parties are enabled to chat and negotiate with each other via the application’s messaging system.
- To use it, registration on the application is required. The user must provide all mandatory information requested during registration completely and truthfully. After completing the registration procedure, the user will receive an e-mail with a confirmation link, which after activation, in the prescribed manner, creates the agreement.
- After the agreement has been concluded, the user must, in order to be able to make full use of the functionalities of the application, upload a profile picture on his profile and otherwise provide all required mandatory information, including an introduction text, the type of living space what the user is looking for, the geographical range within which housing must be sought, the (joint) income of the user and potential co-tenant(s).
- Flickmyhouse makes every effort to require landlords who also use the application that they the offer of the living space the requested rent, including additional costs, such as stating service costs and that they post photos and descriptions of the living space that provide the user with the most accurate and reliable impression of the offer of the living space. However, Flickmyhouse does not bear any responsibility for the correctness and completeness of data and other content, such as photos, related to it by landlords in the housing offer.
5. Flickmyhouse undertakes exclusively to operate the application, which only provides possibilities for making it possible for landlords and users to get to know each other and is not a party to (the conclusion of) any rental agreements between the user and landlords that also use the application. Furthermore, Flickmyhouse cannot guarantee that the user will actually find suitable accommodation.
- The user is fully responsible for the content of the content uploaded by him through theapplication. Flickmyhouse is not obliged to ascertain the content of the data and other content provided by the user and landlords through the application. The user is responsible for assessing whether the housing offer of landlords is correct, complete, reliable and lawful. Any liability of Flickmyhouse in this regard is excluded.
ARTICLE 4. | DURATION OF THE AGREEMENT, PRICES AND PAYMENTS
- To use the application, the user is obliged to pay the in-app purchase of €5.99.-. This price is valid for thirty days of use, commencing on the day the payment is made.
- After the agreed term has expired, 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.
- All prices quoted by Flickmyhouse include VAT.
- 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.
- 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 is not entitled to free use of the application again.
- 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.
- 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, the user’s profile is no longer displayed through the application. Flickmyhouse is entitled to keep the profile 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
- 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.
- 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.
- 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.
- The user is prohibited from sending unsolicited messages (SPAM) through the systems of Flickmyhouse.
- 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 general terms and conditions and in particular the determined in the previous paragraphs of this article.
ARTICLE 6. | LIABILITY AND INDEMNITY
- Barring intent or willful recklessness on the part of Flickmyhouse, Flickmyhouse is never liable for any direct or indirect damage. In particular, Flickmyhouse bears no liability for damage if
referred to in the following paragraphs of this article and the rest that has been determined with regard to liability in these general terms and conditions.
- Flickmyhouse is not able to determine with certainty the identity of landlords who also use the application. The user is responsible for observing the required care.
- Flickmyhouse determines on the basis of various variables, at least at its own discretion, which users are introduced to which landlords. The user cannot rely on Flickmyhouse that other users are offered more suitable accommodation than the user himself and that Flickmyhouse is not liable for any liability or that the user is entitled to any other compensation.
- Flickmyhouse bears no liability whatsoever for the content of the content published through the application, both with regard to profiles of users and the housing offer of landlords. Flickmyhouse therefore accepts no liability whatsoever for the data stored and exchanged using the application.
- 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 landlords and other third parties in this regard.
- Flickmyhouse is not liable for damage as a result of unauthorized use of usernames and passwords.
- Flickmyhouse only makes advertising space available to the user and is in no way involved in the transactions between the user and landlords. Any liability of Flickmyhouse in this regard is excluded.
- Flickmyhouse makes an effort omto find the correct operation and find reachability of find application to optimise However Flickmyhouse cannot guarantee that the application will be available indefinitely and that all features of the application will function without problems. All liability of Flickmyhouse in this regard is excluded.
- 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.
- 10. In the event that despite the provisions of these general terms and conditions Flickmyhouse is nevertheless liable towards the user for any damage, 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.
- All claims and defenses against Flickmyhouse lapse after one year.
ARTICLE 7. | 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 previous sentence, 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.
ARTICLE 8. | 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 9. | FINAL PROVISIONS
- 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 court, to make every effort to settle the dispute in mutual consultation.
- 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.