Terms and Conditions Club-Paradise.
These general terms and conditions are effective as of 01-09-2020
Article 1: Definitions
• Couples-paradise: Chamber of Commerce number: 65796039 trading under the name Sauna Noord, Club Paradise
• Participant: the contracting party of Sauna Noord, Club Paradise to this agreement;
• Website: Couples-paradise.nl and Club-paradise.nl
• Material: material provided by the Participant for posting on the Website, such as profile names, texts, photos and (chat) messages;
• Abuse: posting material on the Website or sending messages via the Website that violates the rights or privacy of others, such as sending unsolicited commercial information and spam, sending commercial SMS numbers, offering financial services, making offensive or insulting statements, posing as someone else, using someone else’s account information, infringing intellectual property rights or making public or reproducing material without permission;
• Free access: the free subscription of the Website whereby the Participant gains access to the Website and can make limited use of the services offered on the Website;
• Type of access: indicates which services offered the Participant can use on the Website. Each Access form has a certain price per month, which is expressed in an upgrade;
• Upgrades: the internal currency to pay for various services;
• Upgrade Plan: the setting by which the Participant indicates the amount that the Website charges each time for the purchase of an upgrades.
• Login code: the code provided by the Website to the Participant with which the Participant gains access to the Website.
Article 2: Agreement
1. These general terms and conditions form an integral part of every agreement concluded between the Website and the Participant and apply to every quotation and agreement.
2. Any stipulations deviating from these general terms and conditions are only valid in so far as they have been accepted by the Website in writing.
3. The agreement is concluded when the Participant sends the registration form stated on the Website to the Website via the Website and this form is received by the Website.
4. The agreement is personal and non-transferable.
Participation is only possible for persons of 18 years and older.
Price and payment
1. The amounts stated on the Website include 21% and / or 9% sales tax.
2. The agreement regarding a Free access subscription ends with immediate effect by cancellation by the Website or the Participant.
3. The agreement with regard to a Upgrade Plan is entered into for an indefinite period and is extended until further notice.
4. By completing the payment form on the Website, the Participant authorizes the Website to debit the amount due from his / her bank account. This depends on the chosen payment method and is also stated on the site in the explanation for the chosen payment method. If the amount owed by the Participant cannot be (fully) debited by the Website after receipt of the payment form, access to the paid functions of the site will lapse.
5. If a payment is reversed by you (reversed through your bank), or if the automatic debit from your account has not been successful for any other reason, this means that you are in default of your payment obligation. This causes extra costs which we will charge you in addition to the principal. In the absence of payment, we will engage a collection agency. In that case you owe 15% of the principal sum with a minimum rate of € 40.00 collection costs in accordance with the Collection Costs Act (WIK).
6. The Website may unilaterally adjust, extend or withdraw the rates of Upgrade Plans or the right of access to the Website associated with the Access Form.
Article 4: Right of withdrawal
1. The Participant can invoke the statutory reflection period (right of withdrawal) of 14 calendar days.
2. If the Participant makes use of the right of withdrawal during the statutory reflection period, but the Participant has already actually used the paid services of the Website during this period, the Website is entitled to charge a reasonable amount for the services purchased. . This amount does not exceed the subscription fee for the period from entering into the subscription until the moment of withdrawal.
3. The statutory reflection period starts when entering into a paid membership.
4. The Participant must request termination of the agreement within the statutory reflection period.
5. The Participant invokes the right of withdrawal, preferably via the contact form on the site in which the Participant unambiguously indicates that he wishes to exercise the right of withdrawal.
6. To invoke the right of withdrawal, the Participant can also use the Model form for right of withdrawal from Appendix I at the bottom of these conditions or download it from www.acm.nl/nl/download/publicatie/?id=12754. This form should be sent by registered mail to: Club Paradise Couples-paradise, Schaafstraat 26 A 1021 KE Amsterdam, The Netherlands
Article 5:
Right of use 1. The Website grants the Participant the non-exclusive right of access to the Website to view the data registered on the Website.
2. The right of access referred to in the previous paragraph only includes the right to use the Website in accordance with the purpose for which the Website was developed.
3. The Participant is fully responsible for logging into the Website and using the login code provided by the Website to the Participant.
4. The Participant is not entitled to delivery or other provision of the login code, nor to transfer the right referred to in paragraph 1 of this article.
5. The Participant will only use the Website lawfully and in any case refrain from:
o using or attempting to access computer systems and / or networks belonging to others than oneself;
o investigation or testing of the security of the Website or networks of others than themselves;
o affecting the functioning of the Website or networks of others than themselves;
o alienating, renting or providing to third parties, using, modifying, removing or rendering unusable for third parties the data of others than oneself that is accessible by the right referred to in Article 4.1;
o the design, manufacture, introduction and distribution of computer viruses and other computer software that could possibly cause damage to the Website;
o violating intellectual property rights and / or other rights of other users. Behavior of third parties that use the login code provided to that Participant will be attributed to the Participant as if they were the behavior of the Participant himself.
6. The Website has the right to temporarily or permanently deactivate the use by the Participant of the login code without prior notice of default, if the Participant does not fulfill any obligation towards the Website.
Article 6:
Login code 1. The Participant’s login code is secret. The Website and the Participant will take reasonable measures to prevent others than the Participant from being able to access the login code provided to the Participant.
2. If the Website establishes and / or reasonably suspects that others than the Participant (can) make use of the login code or if the Participant informs the Website of such use, the Website will block access to the login code with immediate effect via the relevant login code. Website. The Website will inform the Participant, insofar as necessary, of the unauthorized use and blocking of the login code and will provide a replacement login code to the Participant as soon as possible after the blocking.
3. If the unauthorized use of a login code cannot be attributed to the Website, the Participant must reimburse the Website for the administrative costs associated with the blocking and replacement, as well as the costs of the unauthorized use.
Article 7: Placement of material
1. The Participant places material on the Website at his own risk.
2. The Participant refrains from posting profile names, texts and photos on the Website that are offensive, pornographic, racist or prohibited by law.
3. The Participant refrains from posting any material on the Website that allows other Participants to contact the Participant without using the contact methods specifically offered by the Website on the Website. For example, the Participant does not post his home address, telephone number, e-mail address or links to internet addresses where such data can be found on the Website. Indirect references or incitement to provide this information by other Participants are also not permitted. The Participant also refrains from posting data referred to in the previous paragraph with regard to other Participants on the Website.
4. The Website will remove the material referred to in the previous paragraphs without prior consultation with and notification to the Participant or other Participants. In case of violation of the above rules, action will be taken against this.
Article 8: Offers by e-mail
1. The Participant who, at registration or elsewhere on the site, by placing a check mark, has explicitly agreed to receive specially selected offers from the Website and third parties, hereby gives permission to send (whether or not on behalf of others) ) commercial messages from various advertisers to the Participant’s email address. These are usually unique promotions that cannot be easily found elsewhere. The Participant receives a diverse offer: shopping, financial, energy, insurance, telecom, vacation and travel, entertainment, free, housing, health and well-being, education, internet, work, competitions, lotteries, charities, television, car and surveys. The Participant can unsubscribe at any time via the unsubscribe link at the bottom of such a commercial message.
Article 9: Abuse
1. The Website may terminate the agreement with the Participant with immediate effect in the event of abuse, make material inaccessible and / or remove from the Website, restrict the use by the Participant of services offered on the Website and / or access to block the Website without prior notification or consultation with the Participant.
2. In case of termination of the agreement due to abuse, the Participant is not entitled to a refund of the subscription fee already paid.
3. The Website is entitled, without further warning or notice of default, and without judicial intervention being required, to charge the Participant an immediately payable fine of € 1,000 (one thousand euros) per act of abuse, whereby the abuse of ( personal) data, account details, photos or other material and each message sent each counts as a separate fact, without prejudice to the right of the Website to take further legal measures against the Participant and to claim compensation, including for the remedying of abuse caused by the Participant .
Article 10: Data
1. The way in which privacy is guaranteed is described in the Privacy statement.
2. The Participant will indemnify the Website against all claims by third parties on the basis of the statement that data processed by the Website, the processing of data and / or the result of such processing are in violation of the applicable law.
Article 11: Liability
1. The website is never liable for possible (consequential) damage of the Participant or third parties.
2. The Participant indemnifies the Website against all claims from third parties for compensation of (consequential) damage related to this agreement.
3. If and insofar as a Dutch judicial authority nevertheless rules that the Website is liable for the (consequential) damage of a Participant or a third party and is obliged to compensate the damage in whole or in part, the amount of the compensation will be limited to the amount paid by the Participant paid a subscription fee.
Article 12: Applicable law and competent court
1. This agreement is governed by Dutch law.
2. In the event of a dispute between the Website and the Participant, the court in Amsterdam is competent to hear the dispute or, at the discretion of the Website, the court that would otherwise have jurisdiction to hear the dispute.
Article 13: Changes to conditions
1. Website has the right to change the conditions and to declare the changed conditions applicable to existing agreements, to which end changes take effect thirty days after notification to the Participant.
