MYSECONDHOME TERMS AND CONDITIONS
Section 1. Definitions
The following capitalised terminology in these Terms and Conditions, which can be used in either single or plural without loss of meaning, is understood to mean:
- Offering Party: a party offering Holiday Homes via the Website.
- Offer: the information relating to a Holiday Home that the Offering Party adds to the database with the objective of offering these Holiday Homes for sale to Users of the Website.
- Account: a personal account to be set up by Users on the Website.
- Business Partner: a natural person or legal entity with whom MSH has agreed a licence agreement relating to the use and/or offering of services to Users via the Website.
- Database: MSH’s Database, which is accessible from the Website.
- Service: the MSH service exclusively relates to bringing together demand and offer from the national and international recreational and other property market through the internet.
- User: every user of the Website, a natural person or legal entity, who visits and/or reads the Website and/or wishes to use the Service of the Website and/or Offering Party, whether or not they use technical means for this use such as metacrawlers, spyders, spybots or other types of software used for independently collecting details through the internet and/or the Website.
- Contents: the electronic information as contained on the Website and in the Database, consisting of aspects including text, addresses, hyperlinks, images such as photos and video files, legal terms and conditions and details of current or potential Business Partners.
- Hyperlink: A technical command that directs to MSH, the Website or to a separate page containing content.
- MSH: the online portal that acts as an information intermediary (promotional and distribution channel for Holiday Homes in Europe) and on which potential buyers and buying parties can find one another. MSH facilitates the creation of a match and in no way interferes in the recommendation, guidance and/or sales process.
- Website: the MySecondhome.eu website, including all related software, databases and content.
Section 2. General
- The Contract between MSH and the User comes into force at the point at which the User visits the Website, regardless of whether they make use of the Service.
- Users are advised to download these Terms and Conditions on a local device.
- MSH can amend these terms and conditions by publishing the new version on the Website. The new terms and conditions apply from the point of publication.
Section 3. The Service
The Service for Users consists of the use of the Website in order to peruse the Content in the Database in accordance with the conditions of the Contract, whether or not they respond to an Offer. For users who also qualify as Business Partners, the description of Service in the sense intended in this article is extended to mean the services specified in the user agreement between MSH and the Business Partner, in which case these Terms and Conditions also apply to the services set out in the licence agreement, unless the licence agreement has excluded the applicability of the Terms and Conditions or unless other or additional agreements have been made in the licence agreement.
Section 4. Permitted use, misuse and unauthorised use
- The User is permitted to download a single copy of the material made available on the Website for personal use, intended for loading or reading through the content on the Website.
- The conditions for authorised use are that the User behaves as a responsible, careful internet user may be expected to behave.
- The User is not permitted to use the Website or contents of the Website for activities and/or behave in a manner that is against the law, public order or common decency.
- The User must refrain from misuse of the Website and Content, which in any case includes:
– infringing or otherwise acting in violation of the intellectual property rights of MSH and/or third parties;
– making harmful, unlawful or misleading statements;
– distributing illegal material;
– circumventing or removing the Website security, in whole or in part, for the purpose of illegally copying content, further distributing or publishing it outside the context of the Website or modifying it in any other way;
– hacking the Website or the server(s) on which the Website and/or the Content can be found, circumventing the security measures and/or making an attempt to in any other way limit or influence the interrupted working of the Website and/or Content.
- The User is not permitted to modify, distribute, circulate, publish, duplicate and/or disseminate the Website and/or its content and/or to misuse it in any other way without MSH’s prior written permission, insofar as this would harm the interests of MSH and/or Offering Parties.
- The User is not permitted to use an automated system or program, such as but not limited to so-called webcrawlers and spiders, with the intention of improperly accessing the Website in the broadest sense of the word other than via MySecondhome.eu, with the purpose of seeking out information.
- The User is not permitted to open the Content on the Website using the so-called deeplinks on other websites or in other software and systems, without previous written permission from MSH.
Section 5. Registration and providing correct information
- To the extent that the User is obliged to register their information on the Website using a form, including when creating an Account, the User guarantees the completeness and accuracy of the information they have provided.
- All Users receive a unique and personal User ID, which cannot be shared with others and in respect of which the User is required to immediately notify MSH should unauthorised use by third parties have become possible.
- MSH has the right to refuse a registration and to temporarily or permanently block the use of the Website and/or its content by Users, without notice or prior justification.
- By registering, the User agrees that the information provided along with the information collected with the permission of the User based on the registration can be shared by MSH with Offering Parties and Business Partners.
- The User is obliged to carefully retain the login details created by the User when creating an Account and to change the password periodically, at least once every quarter.
Section 6. Liability
- In the event of improper use or misuse of the Website and Content or violation of the provisions of article 5 or violation of the applicable relevant legislation and/or regulations or the Agreement, the User shall be liable for all direct and indirect damage, including trading loss, that may occur as a result of such use for MSH and/or its Users.
- Excluding intent and/or gross negligence on the part of MSH, MSH’s liability towards the User and/or third parties is excluded for any actual or consequential damage, goodwill or reputation, direct or indirect, including as a result of the non-exhaustive list below:
– the content of the Website or personal Content added by MSH, third parties or Offering Parties;
– the content of websites that are connected with the Website in any way, for example by means of hyperlink(s) (text or otherwise) or metatag(s) or any other form, for example text references;
– (The content of the) services and/or (incorrect or incomplete) information from third parties, offered in any way via the Website;
– damage resulting from or relating to the use of Content by the User;
– damage as a result of the use of electronic means for communications with their website(s), including but not limited to damage as a result of non-delivery or delay in delivery of electronic messages, interception or manipulation of electronic messages by third parties or by programs/hardware used for electronic communication and the transfer of viruses;
– damage as a result of disruptions to the technical infrastructure of the Website or that of its suppliers.
- MSH provides no guarantees, implicit or otherwise, on the Offers or content of the Offers with regard to quality, security and/or legality or other qualifications. Offers are posted on the Website at the full responsibility of the Offering Parties and MSH does not carry out any (substantive) control in this respect, which is further elaborated in article 7.1 and acknowledged by the User.
- If and in so far as MSH is liable towards a User, this liability shall at all times be limited to an amount of € 100.00.
Section 7. Exemptions
- The User recognises that:
– MSH provides no guarantee that the Website and/or the Content thereof is current, complete, correct and/or accurate, or that it is free of errors, defects and/or viruses, and MSH cannot guarantee that these errors, mistakes, defects and/or viruses will be resolved although MSH shall make every effort to keep the Content and/or the Website accurate;
– the User is obliged to examine the content for correctness;
– in the context of the agreement, MSH can only be seen as an information intermediary and as such, MSH is not involved in the formation and/or performance of agreements and/or assignments between Users and Offering Parties.
- The User indemnifies MSH against all damage as a result of agreements with third parties concerning infringement of or non-compliance with the User’s terms and conditions, or against claims by third parties in connection with or arising from the use of the Website and/or provision by the User of content on which third party rights are based.
- The User indemnifies MSH against all damage as a result of contacts and/or agreements and/or tasks and/or a dispute between a User and an Offering Party arising from the use of the Website and/or Content.
Section 8. Force majeure
- Force majeure is understood to mean points including but not limited to:
– a shortcoming that cannot be attributed to MSH or is not due to MSH, an act of negligence or unlawful conduct of their suppliers and/or third parties towards them and the costs will not be borne by them in this instance in accordance with the law, legal act or generally accepted views;
– any circumstance beyond MSH’s control which prevents, delays or makes uneconomic the performance of any of its obligations, as a result of which performance of those obligations cannot reasonably be required of MSH;
– a disruption or interruption in the use of the Website and/or the Content, regardless of how this came about;
– faulty deliveries and/or attributable failure to fulfil one or more obligations of MSH’s suppliers;
Section 9. Intellectual property rights on the website, Content, Database
- All intellectual property rights relating to the Website, the Content and the Database, reside exclusively with MSH and/or the Offering Parties.
- Intellectual property rights in the sense of this article cover all patent rights, trademark rights, trade name rights, database rights, design rights, domain names and other intellectual property rights in the Netherlands and in the country in which the User or Offering Party lives or maintains an office, which relate to the Website, the Content and the relevant software.
- The User is forbidden from:
– changing, modifying or removing trademarks or identifying marks and/or making announcements regarding copyrights, trade names or other intellectual property rights of MSH or third parties;
– making changes to the Content on which copyright or portrait rights of a third party or third parties are based with the aid of photographs and/or images, without permission of the copyright holder;
– posting content on the Website with a hyperlink or textual reference to a competing website, other than in compliance with these conditions;
– posting advertisements with comparative or misleading text.
- In the event of an infringement of intellectual property rights, the User is fully liable for the resulting damage for MSH and/or its Offering Parties and/or third parties.
- In the event that the User posts unsolicited ideas and/or content, including but not limited to, texts, images, sounds, software and/or other information on the Website or forwards it to MSH by email or in any other way, MSH is entitled to use it as Content, to copy it and/or to use it commercially in the broadest sense, without being liable to pay any compensation, and MSH is not obliged to keep the content concerned secret.
Section 11. Applicable legal system and competent court
- The Terms and Conditions are governed by Dutch law. Disputes between MSH and third parties arising from the Terms and Conditions will be submitted to the competent court in Amsterdam.