Promote Your Network is a web platform on which users can promote parties from their network.

 

Note that Promote Your Network only plays a facilitating role in respect of this service (hereinafter referred to as ‘the Platform’). The Platform does not offer any (technical) facility for entering into agreements - the Users must do this themselves. Promote Your Network is not a party to any agreement between the Users.

These General Terms and Conditions will apply at all times when using the Platform. With this in mind, please read the following General Terms and Conditions carefully.

1.   Promote Your Network: the trade name of Just Connecting, established in Alkmaar and registered with the Chamber of Commerce under number 37145447. Promote Your Network makes the Platform available to the User.

2.   The User: the visitor who has logged on to the Website.

3.   Profile: a digital representation of data, the User’s Items and of the Items promoted by the User.

4.   Item: a product or service of a User.

5.   Promote: bringing Items to the attention of other Users.

6.   General Terms and Conditions (GTCs): The terms and conditions in question.

7.   Visitor: any party who is visiting the Website or has done so at any time.

8.   Party: Each party to the Agreement.

9.   Website: www.promoteyournetwork.com or another domain extension.

10.  Agreement: the agreement that is entered into between Promote Your Network and the User by the User submitting the registration form and agreeing to the GTCs.

 

1.   The GTCs apply to the Agreement between Promote Your Network and the User. 

2.   Any terms, conditions or exceptions put forward by the User shall not be part of the Agreement.

1.   The User enters into the Agreement with Promote Your Network by registering using the registration form on the Website and in doing so agrees to the GTCs.

2.   Promote Your Network is entitled to reject the User without giving reasons.

3.   After registering on the Website, the User can create a profile, generate his/her personal Items and Promote Items entered by others on their own profile.

 

1.   During the term of the Agreement, Promote Your Network will provide the User with access to the Platform. Access is obtained by logging on using an e-mail address and a self-chosen password. The User chooses his/her logon details himself/herself during the registration process.

2.   The User is prohibited from providing his/her personal logon details to third parties and/or from transferring them to the latter. Promote Your Network is not responsible for misuse and may proceed on the basis that the User who is logging on to the Platform is that actual User.

3.   The User must inform Promote Your Network if he/she suspects that unauthorised parties have gained access to the password. Promote Your Network has the right to take effective measures in such cases.

4.   The User shall in all cases inform Promote Your Network without delay by e-mail of any change to the personal details such as to the surname and/or first name, e-mail address, and other details that Promote Your Network needs to know in order to manage the Platform.

1.    During the registration process, the User will choose a name that will make him visible in respect of the other Users (hereinafter: ‘the User name’) that can be amended at a later date. In addition, the User will choose the name that will be used in the Profile’s URL and in the User’s Items (hereinafter: ‘the Profile name’), which cannot be amended later.

2.    The User is not permitted to select a User name or a Profile name that in principle belongs to another natural person or company in order to mislead other Users of Promote Your Network.

3.    Should multiple Users be entitled to the same Profile name then the first User to register the Profile name will be allowed to continue to use it. It is the User ‘s own responsibility to keep his/her account active in order to retain the Profile name. Once the Agreement has expired, the Profile name will be made available again to new Users.

4.    Promote Your Network retains the right to claim Profile names from Users if in its opinion other parties such as registered trademark owners are entitled to the Profile name in question.

1.   The User must refrain from illegal use of the Platform and other information on the Website and shall act and behave in the way that may be expected of a meticulous User. This will in any case mean that the User:

·      shall comply with all rules and instructions set out on the Website or applying to him;

·      shall refrain from any acts that conflict with legislation and regulations, public decency, public order and/or the rights of third parties;

·      shall refrain from placing Items that are sexually oriented or pornographic, threatening, offensive and/or discriminatory;

·      shall refrain from placing Items that could violate the personal privacy of others;

·      shall refrain from altering, deleting or rendering unusable any Items or information of Promote Your Network or of other Users;

·      shall refrain from any acts that cause a nuisance to other Users;

2.   The User is responsible himself/herself for the Items that he/she places on the Website. If the content of his/her Item(s) is unlawful then the User can be held liable for this himself/herself. Promote Your Network cannot guarantee that the content of Users’ Items on the Website is lawful and/or correct.

3.   The User recognises that Promote Your Network is not obliged on its own initiative to monitor or edit Users’ Items in any way either before or after the Item is placed.

4.   If Promote Your Network recognises that certain Items on the Website do not comply with these GTCs then it is authorised to remove or amend these Items as it sees fit.

5.   Promote Your Network is authorised to undertake adjustments to Items on the Website in order to improve the overall quality and/or clarity of the Website. In doing so, Promote Your Network will not impair the overall impression of and/or essence of the Items or else will do so as little as possible.

6.   By placing texts, photos, videos and other content on the Website, the User is declaring that he/she is not infringing any copyright or other intellectual property right that belongs to another.

7.   The User indemnifies Promote Your Network against all claims arising from the infringement of the rights of third parties committed by the User when using the Website or from the infringement of these GTCs.

8.   Any party can inform Promote Your Network about the conduct of or Items of the Users that are unlawful vis-à-vis this party.

9.   Promote Your Network uses a complaints procedure under which third parties (‘complainants’) can submit a complaint. This may be done using the contact details given below or by using the ‘report abuse’ button on the profile pages. If in the opinion of Promote Your Network a complaint is justified then Promote Your Network is entitled to remove or render inaccessible the material and/or the Item. In that case, Promote Your Network is also entitled to provide personal details about the User to the party reporting the alleged abuse or to a competent authority. Promote Your Network will inform the User about the progress of this procedure.

10.   In the event of repeated complaints and/or the infringement of these GTCs, Promote Your Network is entitled to refuse the User access to the Website.

11.   The User indemnifies Promote Your Network against all losses resulting from the above. Promote Your Network is not liable for any losses whatsoever that the User suffers due to the intervention of Promote Your Network in the context of the complaints procedure, not even if the complaint turns out to be unjustified and the information does not infringe Dutch law.

1.   Promote Your Network retains the right to temporarily take the Platform out of service for the maintenance, modification or improvement of Promote Your Network’s Platform and web servers. On no account will Promote Your Network be obliged to reimburse for any losses or pay any compensation to the User due to such taking out of service of the Platform.

2.   Promote Your Network is entitled to modify the Platform software from time to time in order to improve its functionality and to rectify faults. Promote Your Network does not need to inform the User about this. Since the Platform is provided to multiple Users, it is not possible to avoid making an adjustment for a single User. Promote Your Network is not obliged to pay any compensation for losses caused by the making of adjustments to the Platform.

1.   A fee must be paid for certain functionalities of the website. This fee will be stated on the Website and can be paid using any one of several payment methods that are likewise stated clearly to the User on the Website.

2.   If the User upgrades to a Corporate account then a digital invoice with a 14-day payment term will be sent to the e-mail address specified by the User.

3.   Unless stated otherwise, all prices quoted on the Website and in Promote Your Network’s communications are inclusive of the 19% VAT turnover tax.

4.   All prices on the Website are quoted subject to typing errors and calculation errors. No liability will be accepted for the consequences of typing errors and calculation errors. 

5.   In the event of late payment or should payment prove impossible then the User, in addition to the sum owed and the interest due on it, will be obliged to fully reimburse all judicial and extrajudicial costs, including the costs of lawyers, bailiffs and debt collection agencies.

6.   In respect of the preceding, Promote Your Network shall also be entitled to terminate or suspend the Agreement or the as yet unperformed portion thereof without notice of default or judicial intervention.

1.   On no account will Promote Your Network be liable for any consequential losses on the part of the User or third parties, including for consequential damage, loss of information, (including the Profile and/or the Items), faulty functioning of the website due to Google Analytics and/or losses arising from the disclosure of information or intangible losses.

2.   The liability of Promote Your Network vis-à-vis the User, of whatever nature, is limited per event (whereby a related series of events will be deemed to be a single event) to the fee paid by the User to Promote Your Network of a maximum of 150 euro excluding VAT.

3.   The User indemnifies Promote Your Network against all claims by third parties of whatever nature in respect of reimbursement of losses, costs or interest in connection with this Agreement and/or the Platform. In particular, the User indemnifies Promote Your Network against and will compensate Promote Your Network for any type of claim, complaint or legal action by a third party related to an order or agreement that was formed via the Platform.

4.   The previous paragraphs of this article shall not apply if and insofar as the losses in question were caused by an intentional act or omission or wilful recklessness on the part of Promote Your Network.

1.   All intellectual property rights in respect of all Platform software, including the Website, provided by virtue of the Agreement or otherwise shall be vested exclusively with Promote Your Network or its licensors. The User is solely granted a right of use that is non-exclusive and non-transferrable, as well as the powers expressly allocated to him/her by virtue of these conditions or otherwise.

2.   Any use, reproduction or disclosure of the works that goes beyond the purpose of the agreement and/or rights of use granted will be deemed to be an infringement of copyright. The User shall pay to Promote Your Network an immediately due and payable fine that cannot be mitigated by the courts of 10,000 euro per infringing act and per day that this continues, this without prejudice to Promote Your Network’s right to be reimbursed for the loss it incurred due to the infringement or to take other legal measures to have this infringement ended. 

3.   The User grants Promote Your Network all rights and/or permissions required to place messages, including the User’s Profile and/or the User’s Item(s) on the Website in addition to other materials, such as a newsletter, free of charge. In any event an unencumbered, worldwide sublicensable, non-exclusive licence in perpetuity will be granted to publish the work, hereinafter to be referred to as ‘the licence’.

In the case of force majeure, this in any case to be deemed to include faults in the telecommunications infrastructure and the Internet, civil commotion, mobilisation, war, transportation gridlocks, strikes, lockouts, operational disruption, delays in supplying, fire, floods, import/export barriers, natural disasters and in the case that Promote Your Network is rendered unable to deliver by its own suppliers - irrespective of the reason for this - as a result of which Promote Your Network cannot be reasonably required to perform the Agreement, the performance of the Agreement shall be suspended and/or the Agreement will be terminated, all this without any obligation to pay compensation.

1.   The paid Agreement will be entered into for a period of one year without there being any option for early termination, and will not be extended tacitly.

2.   One month before the end of the period, the User will be notified by e-mail regarding the expiry of the Agreement, including the steps that he/she needs to take if he/she wishes to extend the Agreement.

3.   If the User uses the Website to upgrade his/her account then the Agreement shall be extended for a period of one year, to be calculated from the moment in time when the upgrade was requested. No reimbursement of or settlements vis-à-vis payments previously made to Promote Your Network will be made.

4.   In the case of termination, including early termination, the following Articles will continue to be in force after the end of the Agreement:

·      Licence (Article 10.3); and

·      Liability (Article 9);

1.   Promote Your Network retains the right to amend or supplement these GTCs.

2.   Amendments will also apply to Agreements already entered into, with due observance of a period of 30 days after the amendment is announced on the Website.
Amendments of minor importance may be implemented at any time.

3.   If the User does not wish to accept an amendment to these GTCs then until such time as the new conditions come into force the User may terminate the agreement as at this date. No payments already made will be refunded.

1.   The Agreement is governed by Dutch law.

2.   Any changes to the management or legal form will not affect the Agreement.

3.   To the extent not decreed otherwise by the mandatory rules of law, any disputes arising in response to the Agreement will be submitted to the competent Dutch court established in Alkmaar.

4.   Partial invalidity:
If a provision from the Agreement and/or the GTCs proves to be invalid then this will not affect the validity of the Agreement/GTCs as a whole.
The Parties shall agree and set down one or more new provisions as a replacement, whereby the intention of the original Agreement/GTCs will be kept to, to the extent permitted by law.

5.   In these conditions, the term ‘in writing’ is also deemed to include e-mail, provided that the identity and integrity of the e-mail in question has been adequately established.

6.   When the User sends a message in writing to Promote Your Network, then the version received or stored by Promote Your Network will be deemed to be the authentic version of this message, unless the User can demonstrate that this version is not authentic.

 

If after reading our GTCs you have any queries, complaints or comments about them or about other matters then please contact us by e-mail at:

info@promoteyournetwork.com

 

or by letter at:

 

Promote Your Network         
Chopinstraat 10
1817 GD Alkmaar

The Netherlands