Article 1.         Terms used

The terms used in this Article are exclusively used in the meaning as described in this Article, in so far as these terms are written with a capital letter.

MySecondhome

Agreement
The Use Agreement between MySecondhome and the User, consisting of these Conditions of Use, the Rules of Use, the privacy policy and the cookie policy. By accessing the Site, you agree to abide by and be legally bound by all the Terms set forth here.

Service
The service MySecondhome offers relates exclusively to the provision of an international property market on the Internet for Offering Parties and Users under the conditions of this Agreement.

User
Any Website user, whether an Offering Party, someone perusing the content of the Website, a Business Partner with regard to information and services on the Website, being a natural person or legal entity, irrespective of whether he uses technical resources for this use such as metacrawlers, spyders, spybots or other kinds of software which are used for independently gathering data via the Internet.

Offering Party The User who offers property via the Website.

Offer
The information relating to a property that the Offering Party loads into the Database with the aim of offering this property for sale or rent to other Users via the Website.

Website
The MySecondhome.eu website including all related software, Databases and Content.

Content
The electronic information as included on the Website and in the Database, consisting of text, addresses, e-mail addresses, hyperlinks, images including photos and video files, legal conditions, model documents and details of business partners.

Database
MySecondhome’s Database, which is accessible from the Website containing Content from the Offering Parties.

Hyperlink
A technical command that refers to MySecondhome’s Website or to a separate page therein containing Content.

Business Partner
A natural person or legal entity with whom MySecondhome has made business arrangements with regard to using and/or offering services to Users via the Website.

Article 2.         General

2.1.      The Use Agreement between MySecondhome and the User becomes effective simply by the User’s Use of the Website and consists of these General Conditions of Use, the Rules of Use, the Privacy Policy and the Cookie Policy.

2.2.      The purpose of the Use Agreement is make additional provisions between MySecondhome and the User in accordance with the applicable law, as stated in
Article 13.

2.3.      The subject of the Use Agreement is the services offered by MySecondhome to all Website Users and the Content in general and the Offering Parties thereof in particular.

2.4.      Users are advised to download and print these Conditions of Use.

2.5.      MySecondhome may modify the Conditions of Use by publishing the new version on the Website. The new conditions shall apply from the moment of publication.

Article 3.         The Service

3.1.      The Service, for Offering Parties, consists of enabling Content to be uploaded relating to property, further to be specified as second homes and holiday homes, under conditions to be indicated by MySecondhome and under the conditions of the Agreement, in a Database that is made accessible and public through the www.MySecondhome.eu Website.

3.2.      The Service, for Users, consists of using the Website, which consists of the ability to peruse the Content contained in the Database, free of charge and under the conditions of the Agreement.

3.3.      The Service, for Business Partners, consists of providing the ability to offer information and services to Users via the Website at conditions to be indicated by MySecondhome and under the conditions of a further relevant agreement.

Article 4.         Permitted use, abuse and non-permitted use

4.1.      The User is permitted to download a single copy of the material made available on the website for personal use which is aimed at loading or perusing Content on the Website.

4.2.      The User is permitted to independently introduce Hyperlinks from a different website, Internet application or e-mail, in so far as the purpose of this use is to alert other Users to the Content within the frames of MySecondhome’s Website.

4.3.      Condition for the Permitted Use is that the User behaves as may be expected from a responsible and careful Internet user.

4.4.      The User is not permitted to use the (content of the) website for activities and/or behaviour which is contrary to the law, public order or morality.

4.5.      The User must refrain from abusing the Website and Content, which shall in all events include:

4.5.a.   infringing or otherwise acting contrary to the intellectual property rights of MySecondhome and/or third parties;

4.5.b.   making detrimental, wrongful or misleading statements;

4.5.c.   distributing legally prohibited material;

4.5.d.   evading or removing (parts of) the Website security with the purpose of illegally copying Content, further distributing it or publishing it outside the context of the Website or otherwise modifying it;

4.5.e.   hacking the Website or the Server(s) on which the Website and/or Content is located, or circumventing any security measures made to it, or attempting in any other way to hinder or influence the uninterrupted operation of the Website and/or Content.

4.6.      The User is not permitted to copy, change, distribute, circulate the Website and/or Content, to reverse engineer, to decompile or to use, publish, duplicate and/or circulate and/or use this in any other way without MySecondhome’s prior written consent, to the extent that this would damage MySecondhome’s interests, those of its Business Partners and/or Users, all according to MySecondhome’s opinion exclusively.

4.7.      The User is not permitted to use any automated system or program or to try to use one, such as – although not limited to – so-called webcrawlers and spiders, with the aim of forcing entry to, using or copying and gathering the Website, the Content or the System, other than via the www.MySecondhome.eu website and with the purposes as explicitly permitted under the Agreement.

4.8.      The User is not permitted to access the Content on the Website or to have it accessed using so-called deeplinks on other websites or in other software and systems, without MySecondhome’s prior written consent.

Article 5.         Registration; providing correct information

5.1.      To the extent that the User is obliged to register his information on the Website using a registration form, the User shall vouch for the completeness and accuracy of the information he has provided.

5.2.      All Users shall receive a unique and personal user ID, which may not be shared with others and with regard to which the User undertakes to immediately notify MySecondhome if unauthorised use by a third party has become possible.

5.3.      MySecondhome is entitled to accept or reject a registration and to temporarily or permanently block use of the Website and/or the Content by Users, without notification or prior statement of reasons.

Article 6.         Liability and indemnification

6.1.      In the event of Abuse or any use by the User other than in accordance with the previous article or which, based on local Legislation, is expressly permitted, the User shall be liable for all direct and consequential damages, including trading losses, which may arise from this Use for MySecondhome, its Users and/or its Business Partners.

6.2.      With the exception of intent and/or gross negligence on the part of MySecondhome, MySecondhome’s liability towards the User and/or third parties shall be excluded for:

6.2.a.   the content of its Website or any Content contained therein, of MySecondhome, third parties or Offering Parties;

6.2.b.   the content of websites that are linked in any way to MySecondhome’s website, for example through hyper(text)link(s) or metatag(s) or any other kind, for example text references;

6.2.c.   (the content of the) services and/or information of third parties that is offered in any way through MySecondhome’s websites;

6.2.d.   the use of cookies;

6.2.e.   damage arising from or relating to the use of Content by the User;

6.2.f.    damage resulting from the use of electronic means for communicating with its website(s), including – but not limited to – damage resulting from non-delivery or delay in delivering electronic messages, interception or manipulation of electronic messages by third parties or by software/hardware that is used for electronic communication and transferring viruses;

6.2.g.   damage resulting from faults in MySecondhome’s technical infrastructure or that of its suppliers.

Article 7.         User Indemnifications

7.1.      The User acknowledges that:

7.1.a.   MySecondhome does not provide any guarantees that the Website offered and/or the Content thereon is up to date, complete, correct and/or accurate, or that it is free from errors, defects and/or viruses and that MySecondhome cannot guarantee that such deficiencies, errors, defects and/or viruses shall be rectified. Our intentions are to help you with your purchase process but because MySecondHome lists thousands of properties for sale on the website, it is not possible for us to be aware of the accuracy of every property so listed nor of the appropriateness of every property or advert. Accordingly, MySecondHome operates on a ‘notice and take down’ basis. If you believe that any property, advertisement or information/ tips on the website contains inappropriate information, please notify us immediately by sending u an email:
info@mysecondhome.eu

7.1.b.   the User has an obligation to have the accuracy of the Content offered examined;

7.1.c.   in the context of the Agreement, MySecondhome may be viewed exclusively as an information intermediary and as such is not involved in the conclusion and/or execution of agreements and/or orders between Users, Offering Parties and/or MySecondhome Business Partners themselves.

7.2.      The User indemnifies MySecondhome against all damages resulting from third party agreements relating to the User’s infringement of or failure to comply with the Conditions of Use, or against third party claims relating to or arising from the Use of the Website and/or the User’s provision of Content on which third party rights are vested.

7.3.     MySecondHome will be not be responsible for any business loss ( including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of products or services by us to you was formed.

7.4.      The User indemnifies MySecondhome against all consequences of contacts and/or agreements and/or orders between Users, Offering Parties and/or MySecondhome Business Partners that may or may not be established, arising from the Use of the Website and/or Content.

Article 8.         Force majeure

8.1.      Force majeure is understood to mean:

8.1.a.   a shortcoming that cannot be attributed to MySecondhome as this shortcoming is not due to MySecondhome, and that shall not be for its account in accordance with the law, legal act or common opinion;

8.1.b.   the event that MySecondhome, because of a (an attributable) shortcoming, act of carelessness or wrongful behaviour of its suppliers and/or third parties in its regard is not able to comply with the Agreement;

8.1.c.   a disturbance or interruption in the use options of the Website and/or the Content irrespective of how this arose;

8.1.d.   defective supplies and/or attributable failure to perform by one or more of MySecondhome’s suppliers;

8.1.e.   the situation that observance of the agreement by MySecondhome has become impossible for an extended period whereby, in the event that the suspension period lasts for longer than sixty days, both parties are authorised to fully or partially dissolve the agreement, without, in that event, creating an obligation to pay any damages.

Article 9.         Intellectual property rights on Website, Content, Database

9.1.      All intellectual property rights relating to the Website, the Content and the Database that is the basis thereof, rest exclusively with MySecondhome and/or its suppliers and/or its Business Partners.

9.2.      Within the meaning of this Article, intellectual property rights include all patent rights, trademark rights, trade name rights, database rights, model rights, domain names and other intellectual property rights, in the Netherlands as well as the country in which the User is based, which rights relate to the Website, the Content and the software that is the basis thereof and MySecondhome in general, and which also include know-how and trade secrets.

9.3.      The User acknowledges that MySecondhome has a substantial economic interest in maintaining and using the structure and content of the database and that MySecondhome has made substantial investments, in respect of building the Database software as integrated into and forming the basis of the Website, as well as of acquiring the Content, which includes far-reaching investments in sales, marketing and developing the automated system.

9.4.      The User acknowledges MySecondhome’s right to provide technical protection for the Website and its Content and agrees to waive passing on the costs of any technical protection measures.

9.5.      The User is prohibited from:

9.5.a.   changing, modifying or removing the trademark or identification marks, and/or any notices relating to copyrights, trade names or other intellectual property rights of MySecondhome or third parties, made to the Content, or to change, copy or imitate this Content or any parts thereof;

9.5.b.   using photos and/or images in the Content on which copyright or portrait right of a third party or third parties rests, without the rightholder’s consent;

9.5.c.   using protected (trade)names and or logos belonging to third parties in the Content without the rightholder’s prior consent, except in so far as this is permitted by law;

9.5.d.   placing Content in the Website with a Hyperlink or textual reference to a competing website or a website of an (estate) agency, other than in accordance with MySecondhome’s Conditions of Use;

9.5.e.   placing advertisements with comparative or misleading text. Misleading text is text that does not, in the title, adequately describe the Content offered; comparative text is text in which wrongful comparisons are made between objects.

9.6.      In the event of an infringement of MySecondhome’s intellectual property rights, the User is fully liable for the resulting damage to be suffered by MySecondhome and/or its suppliers and/or third parties.

9.7.      MySecondhome is entitled, in the event that the User places unsolicited ideas and/or Content, including, but not limited to, text, images, sounds, software and/or other information (the “Content”) on the Website or forwards it to MySecondhome via e-mail or otherwise, to use it as Content, to copy it and/or use it commercially in the widest sense, without owing any compensation and MySecondhome shall not be required to keep the Content concerned secret.

Article 10.       Rates, Payment and Cancellation

10.1.    The Offering Party shall not owe MySecondhome any payment, until any further order by MySecondhome, for placing Content as specified by MySecondhome.

10.2.    In so far as MySecondhome decides in the future that any payments or quid pro quo shall be owed for placing Content, the User shall be notified in this regard in advance, after which the User shall be offered ample opportunity to accept or refuse MySecondhome’s offer and to continue placing Content or not.

10.3.    Offering Parties, Clients and Business Partners shall, prior to offering and uploading additional information and/or Content, other than intended under 10.1. The payment for the MySecondHome service is on a monthly basis. MySecondHome has the possibility to change the frequency only if they inform the offering parties, clients and/or business partners. The monthly subscription, length contract and other options are agreed at the beginning of the period.

10.4    If you reside in a local country which is part of the European Union and have purchased a Paid Subscription, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to make use of the service.

10.5     If you have a Paid Subscription, your payment to MySecondHome will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription by sending us a cancellation on
info@mysecondhome.eu
before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

10.6     MySecondHome may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the MySecondHome service after the price change takes effect, you accept the new price.

The payment will be done on a month basic at the beginning of the month

Article 11.       Applicability of User Rules, Privacy and Cookie Policy

11.1.    User Rules as well as a Privacy and Cookie Policy apply to the Use of the Website and the Content, which form an integral part of the Agreement.

Article 12.       General provisions

12.1.    To the extent that these conditions are declared partially invalid in legal proceedings or are otherwise invalid, the parties shall continue to be bound in full to the section that remains valid. MySecondhome shall, in that event, replace the invalid section with stipulations that are valid and of which the legal consequences, in view of the content and scope of these Conditions, correspond as much as possible with the invalid section.

12.2.    If MySecondhome decides not to enforce a provision, this does not imply that it renounces the right to do so at a later stage.

12.4.    Notifications to the User shall be sent to the e-mail address you specified, or by registered post. Notifications made by registered post shall be considered to have been received five days after the postal date.

12.5.    MySecondhome may change these Conditions of Use; the changes shall come into force 30 days after their notification. Notification of changes shall always take place via MySecondhome’s website and where possible by e-mail.

Article 13.       Applicable legal system and competent court

13.1.    The Conditions of Use are governed by Dutch law. Any disputes between MySecondhome and third parties arising from the Conditions shall be referred to the competent court in Amsterdam.

User Rules

MySecondhome’s position
MySecondhome’s aim is, as an information intermediary, to bring together offering parties and buyers of (second) homes. Apart from that, MySecondhome is in no way whatsoever involved in actual transactions between Offering Parties and Users. Moreover, MySecondhome cannot exercise any control on the quality or substance of the advertised objects, the accuracy of the offers, the authorisation of advertisers to sell objects and the authorisation of buyers to buy objects. MySecondhome’s services may only be accessed by people who are in a position to conclude legally binding agreements. Without prejudice to the above, these services are never accessible to people under 18 years of age.

MySecondhome shall never be party to an agreement that is concluded between advertiser and buyer by using the site. Any dispute among Users themselves and/or MySecondhome Business Partners shall be resolved directly by the parties themselves. MySecondhome, all of its employees, managers and intermediaries shall be indemnified by the User from any payments, claims for damages and similar relating to such disputes.

References to third-party websites or services
The site contains references (for example through hyperlinks, banners or buttons) to third-party websites. MySecondhome has no authority over or influence on the content and policy of these websites. On these websites you are subject to the (privacy) rules of the site concerned.

If you use the services of external service providers, your use thereof shall be subject to the (privacy) rules of the service provider concerned. MySecondhome has no authority over or influence on the service and policy of these service providers.

Use of the (content of) MySecondhome’s website
You are not permitted to use MySecondhome’s website or any content thereof, which includes making it available in any way to third parties and/or duplicating the (content of) the website, other than in accordance with the aim of the website. This also means that you are not permitted, without MySecondhome’s consent, to retrieve a substantial part of the content of the database(s) and to reuse it and/or repeatedly and systematically to retrieve and reuse non-substantial parts of the content of the database(s) within the meaning of the Dutch Databases Act (Databankenwet).

RSS feeds for personal use and/or news reports (for example use in personal weblogs or personal online media) are permitted without MySecondhome’s prior consent. If the total number of advertisements displayed on your site or to which hyperlinks on your site refer exceeds 100, your use thereof shall be considered to be contrary to these policy rules, unless you have MySecondhome’s prior written consent.

Acting contrary to the Conditions of Use and/or MySecondhome’s policy
MySecondhome retains the right to exclude you from any further use of the site if you, in MySecondhome’s opinion, act in any way contrary to the Conditions of Use or MySecondhome’s other policy rules, without prejudice to MySecondhome’s right to take further legal steps and to claim damages. If MySecondhome has any reasons to assume that you are in any way infringing third-party (intellectual property) rights, it shall be entitled to provide your data, including your e-mail address, to third parties.

Where doubt exists in respect of the accuracy of the data or where inaccuracies are noted, it is recommended that contact is made with the person offering the Content. MySecondhome shall not be responsible for damage arising either directly or indirectly due to the use of information you derive from Content on MySecondhome’s Website.

Rules for placing Content

Please place your advertisement in one category only. Create a separate advertisement for each home and place it in the most appropriate category.

Once you have sold your property we kindly request that you remove your Content.

It is strictly prohibited to place advertisements on MySecondhome other than as specified by MySecondhome.

Intellectual property rights

Text and/or photos of third parties may not be used without the rightholder’s express consent.

Other than the name of the company that made or produced the object you are advertising, it is not permitted to use protected names or company logos in your advertisement.

You are permitted to state brand names of products with which the object offered is compatible.

Privacy policy

Saving and processing data
MySecondhome considers it extremely important to handle user data responsibly. Personal data is processed and protected carefully. In doing so, MySecondhome adheres to the strict requirements placed thereon by European privacy legislation and the legal provisions for processing personal data within the Netherlands based thereon.

If MySecondhome wishes to use this information, it shall take into account the preferences stipulated by the User. If the User decides to give his information to third parties via MySecondhome, MySecondhome shall in no way be responsible for the manner in which this third party handles this information.

The User is requested to read this privacy policy. By using the MySecondhome Website the User accepts that his information will be processed by MySecondhome in accordance with this privacy policy and the purposes stated therein. In general the User data is used for the following purposes:

– supporting and developing MySecondhome’s market efforts

– improving the services and possibilities of the MySecondhome Website

– providing information services to relevant third parties

– supporting MySecondhome’s Business Partners in order to provide more focused and personalised services to Users

Your rights and raising objections
At the time when the User makes his personal data available to MySecondhome, the User can object to this information being provided to (or allowing it to be used by) third parties. In addition, you can object at any time to your information being used for direct marketing purposes by MySecondhome. You can, at any point, ask to view the data we collect about you, or have the collected data corrected or removed. Requests for modifying, changing or removing apply from the time at which this request reaches MySecondhome.

To this effect you can send an e-mail stating your name and address to
info@mysecondhome.nl
with the words ‘unsubscribe’ in the header.

Data protection
MySecondhome uses strict technical and logical security procedures to prevent, for example, unauthorised people gaining access to personal data.

User data
In order to promote use of the website and the services it offers, MySecondhome stores data about Users and their surfing behaviour on the website in files, with the aim of analysing this data in order to improve the design of a website so that MySecondhome can further optimise its services. MySecondhome also uses the information concerned to keep Users abreast of interesting offers of products and services, news, information about and advertising for the products and services of other company departments of MySecondhome and of products and services of Business Partners or carefully selected third parties, or to analyse this information for marketing purposes and to relate information to your profile.

Data provision
MySecondhome is entitled to provide your e-mail address and other information collected about you and the information registered by you to the following third parties:

(a) organisations and companies that form part of MySecondhome group of companies, at the time information is obtained or in the future;

(b) organisations and companies that process the file or parts thereof or have it/them processed, for example with the aim of analysing this file or to send out information or direct mail;

(c) organisations and companies that state that they comply with the legal provisions relating to spam and sending advertising and who will only send information to you by e-mail after having received permission from MySecondhome to send that specific advertising or information.

Notification
MySecondhome has notified the processing of your personal data (such as name, address, place of residence, telephone number, your search profile) to the Data Protection Board (College Bescherming Persoonsgegevens) in The Hague, which is the authority responsible for your personal data.

Changes
MySecondhome retains the right to make changes to our website, policies and these conditions of of use and sales at any time. Therefore, you should check the Privacy Statement regularly.

If you have any questions about this Privacy Statement, please contact
info@mysecondhome.nl.

Cookie policy
MySecondhome uses, like many Websites, “cookies” when providing its electronic services. A cookie is a small file that is stored on your computer’s hard disk in order to recognise you when you revisit the site. These cookies are only used to facilitate your use of the website and to enable information about our company and our (new) products and services to be sent to you.

You can set your browser so that you are notified that a cookie is being placed or that it is not possible to gather cookies, which does however restrict the Website’s possibilities. The domain name under which the cookies are stored is MySecondhome.eu. The period of validity of the cookies varies from the duration of your visit to an unlimited period.  MySecondhome does not collect any personal data using cookies.