These are the general terms and conditions of QuestPair B.V. (“QuestPair”), a company registered with the Dutch Chamber of Commerce with number 74704621.
1. These terms and conditions apply to all services of QuestPair, to any agreement concluded between QuestPair and a User (as defined below) of our website questpair.com (the “Website”) and all legal relationships and (legal) actions ensuing therefrom.
2. By using the Website and the services of QuestPair you agree to be bound by these general terms and conditions.
3. “User” means any natural or legal person who visits the Website, logs in to the Website and / or uses, shares and / or posts the information provided on the Website.
4. QuestPair will send the general terms and conditions on request free of charge. The terms and conditions are also available at @@ url.
5. The above definitions are used in these general terms and conditions in both singular and plural.
2. Use of the Website
1. The User must observe Dutch and other applicable laws or regulations when using the Website.
2. User may not distribute the following via the Website:
a. Content that violates any copyrights, trademark rights, competition rights, personal rights or other rights of third parties, and;
b. Pornographic films, images or other media with an erotic content;
c. Texts or images that are offensive, racist, discriminatory or hateful;
d. Unsolicited advertising (spam);
e. Incorrect or misleading information; and / or
f. Viruses, malware, spyware or other software intended to cause damage to our or other Users’ computers.
3. Users must create an account using their own name and provide only true, accurate, current and complete information;
4. Users must maintain and promptly update their registration information to keep it true, accurate and complete;
5. User may not create an account under someone else’s name or impersonate someone else in any other way.
6. The User may not approach other Users for other commercial purposes than for which the Website is intended.
7. If the User wishes to report another User who misuses the Website, the User can send a message to email@example.com.
8. QuestPair reserves the right to amend or omit the information provided to the User before it is made known to Users and / or published on the Website.
1. Users must be at least 18 years old to create an account.
2. Users must shield the login details of their account from others.
3. User must keep his/her password strictly confidential. QuestPair may assume that everything that happens on or with the User’s account is done by the User or is done under the supervision of the User.
4. If Users think, suspect or know that their account is being abused, they must report this to QuestPair as soon as possible. In that case QuestPair will take appropriate measures.
5. Users are responsible for their behavior and any data, text, files, information, usernames, images, photos, profiles, graphic art, copyrighted works, links and other content or materials.
6. The user is responsible for the confidential data that he provides to QuestPair or for the omission of confidential data.
7. QuestPair is entitled to determine at its own discretion whether an account will be provided.
8. QuestPair has the right to change or delete accounts, profiles, data and other information at any time. In addition, QuestPair has the right to deny Users access to the Website for a definite or indefinite period.
9. If QuestPair is of the opinion that the User violates the law or these general terms and conditions, QuestPair can (partially) exclude the User from the Website. QuestPair can, for example, exclude the User from the Website by: (a) deleting the User’s account; or (b) block parts of the Website for the User.
4. Rates and payment
1. All prices used directly by QuestPair include VAT.
2. The subscriptions of QuestPair are offered for a fixed year. The costs for a subscription will be paid annually by direct debit or otherwise.
3. The term of the subscription is 12 months. The subscription can be canceled monthly after the first tacit renewal.
4. In the event of non-payment or late payment, the User will be in default by operation of law without notice of default. From the date on which the payment became due, the User will then owe the statutory (commercial) interest until the day of full payment, whereby interest over a part of the month is calculated over a whole month.
5. If a User is in default, because, for example, amounts due cannot be collected by QuestPair or its partners, QuestPair is entitled to terminate the account of the User concerned.
6. QuestPair is authorised to increase the rates when:
a. In the case of lawful price increases;
b. within three months after the conclusion of the agreement when this is the result of statutory regulations or provisions; and / or
c. From three months after the conclusion of the agreement, if the increase is not unreasonable.
1. QuestPair is not a party to the agreements concluded between Users and is therefore not responsible for the agreements between Users. In the event of a conflict, Users must resolve this themselves.
2. QuestPair is only liable for direct damage caused by gross negligence or intent on QuestPair and up to once the amount stated in the invoice.
3. QuestPair is not liable for damage that is or may be the result of any act or omission as a result of the information on the Website or that of: (a) linked websites, even if there are imperfections; and / or (b) inaccuracies in the information made available by us.
4. QuestPair is not responsible for errors and / or irregularities in the functionality of the Website and is not liable for malfunctions or the unavailability of the Website for any duration for other reasons.
5. QuestPair takes care for the security of data of Users and third parties with all care that can reasonably be expected from QuestPair. QuestPair is not liable for loss of data or unauthorised access to data that arises despite the care exercised by QuestPair. In addition, QuestPair is not liable for any loss of data or unauthorised access resulting from the transmission of data over public networks or the use of third party networks and systems.
1. Complaints submitted to QuestPair will be answered within a period of 30 days, counting from the date of receipt.
2. The right to (partial) refund of the price or compensation will lapse if the complaint is not reported within the set term, unless a longer term arises from the nature of the case.
7. Third Parties and Partnerships
1. QuestPair is entitled to engage third parties when this is necessary for the performance of the services. QuestPair is not obliged to personally inform the User about this. Using the services of QuestPair implies that the user authorises QuestPair to accept any limitations of liability of third parties also on behalf of the User.
2. QuestPair takes utmost care when engaging third parties. However, QuestPair is not liable for the acts or omissions of these engaged third parties, unless there is intent or gross negligence on the part of QuestPair.
1. QuestPair reserves the right to unilaterally amend, supplement and / or change these general terms and conditions at any time without making an obligation or notification thereof to Users. The most current version of the general terms and conditions can be found on the Website. By visiting the Website, the User is informed of the current general terms and conditions.
9. Other Provisions
1. QuestPair may make changes to the design or functioning of the Website at any time, including the underlying technical mechanisms.
2. These general terms and conditions apply not only to QuestPair, but also to other persons who are or have been involved in the use of services or for whom any liability rests or may rest in connection therewith. This also applies to their legal successors under a general title.
3. If any provision or a part of it within these Terms and Conditions is or becomes incomplete or invalid, the validity of the remaining provisions or parts thereof will not be affected. Any invalid provision these Terms and Conditions will be deemed to be superseded by a valid, effective and enforceable provision that is closer to the economic intention and purpose of such invalid or incomplete provision.
10. Applicable Law and Choice of Forum
1. These general terms and conditions, and all non-contractual rights and obligations arising therefrom, are governed in all respects by Dutch law.
2. All disputes between QuestPair and Users will initially be settled by the competent court of the Oost-Brabant District Court.