Powertransmissions - Terms of use - Brings the Powertransmissions supply and demand together

Powertransmissions

Definitions

Powertransmissions the Vroegeling 71, 1964KR Heemskerk, registered with the Chamber of Commerce under number 50044222, the user of these conditions, provider of an online advertising platform with the aim of brining together supply and demand.

Conditions these general conditions of use of Powertransmissions.

Agreement agreement between Powertransmissions and user.

Website the website www.powertransmissions.org

Account a unique username and password that the User is provided with after completing the registration process, which the User can use to access the Powertransmissions system.

In writing in addition to writing, also e-mail, fax or any other means of communications which can be considered similar to this, considering current technology and prevailing opinion.

Visitor every visitor to the Website.

Services the services Powertransmissions is to provide User with on the basis of the Agreement.

User other party to Powertransmissions who enters an agreement with Powertransmissions by using the website, both Provider and Customer.

Provider a person or organisation acting in their professions or as a business, and which uses the Website as a supplying party of Powertransmissions and related business.

Customer a person or organisation acting in their professions or as a business, and which uses the Website as a demanding party of Powertransmissions and related business.

Article 1. Scope

1.1 These general conditions apply to all Agreements with Powertransmissions and the Services Powertransmissions offers on the internet, with the exclusion of any other general conditions.

1.2 Every Visitor is also bound by these Conditions. If you do not agree to this, you must immediately leave the website.

1.3 By registering as User and accepting the content of these Conditions, the User is entering into a user agreement with Powertransmissions.

1.4 These Conditions were filed with the Chamber of Commerce under number 50044222 and will be posted free of charge by Powertransmissions upon request. These Conditions can also be accessed and downloaded on the Website.

1.5 If a clause in these Conditions or any Agreement proves to be void, this will not affect the validity of the Conditions/Agreement as a whole. Parties will set (a) new clause(s), which will give shape to the intention of the original Conditions/Agreement as much as is legally possible.

1.6 Derogations from these Conditions may only be agreed in writing and only apply in relation to the specific Agreement to which the derogations apply.

1.7 Powertransmissions reserves the right to change or add to these Conditions. Changes also apply to previously made Agreements, with due observance of thirty (30) days after the announcement of the change via the Website and/or e-mail. If the User does not wish to accept the changed conditions, he can inform Powertransmissions of this within the aforementioned period of thirty (30) days. User must then cease to participate in Powertransmissions and to use the Website / Services from the date the changed version comes into effect.

1.8 If the Conditions and the Agreement contain inconsistencies, the conditions contained in the Agreement will apply.

1.9 All rights and claims as stipulated on behalf of Powertransmissions in these Conditions, will also be stipulated by and on behalf of any intermediary or third party appointed by Powertransmissions in any further Agreements.

Article 2. Access

2.1 User can be provided access to the website upon request.

2.2 The Website may only be used by adult individuals who are authorised to perform legal acts.

2.3 In order to use the site and/or be registered as a User, the User must be registered with the Commercial Register of the Chamber of Commerce (with the exception of the excluded professions).

2.4 A User must register by completing the registration form fully and truthfully and by accepting these Conditions.

2.5 User is responsible for his won account. Use must keep his personal username and password safe and completely secret. User guarantees Powertransmissions that the password will not be used by unauthorised individuals and is responsible himself for the consequences of any unauthorised use, abuse or incorrect use of the personal password. Powertransmissions is not liable for any damages caused by the assigning or sending of personal passwords by e-mail, and any use thereof.

2.6 User recognises that Powertransmissions has the right to temporarily or permanently deny access to the Website and to suspend the use with immediate effect for Users who prove to meet the grounds for refusal stated in this article, are not of legal age, not legally competent, have provided incorrect details, act unlawfully in relation to Powertransmissions or a third party in relation to Powertransmissions, or fail to meet one or more of the conditions in these Conditions and Agreement without prejudice to Powertransmissions’ right to compensation.

2.7 User warrants the correctness and completeness of his registered details and must keep these details up to date himself by changing them when necessary.

2.8 The right to the use of the Account, as described in the Agreement is solely accorded to the User in questions. It is therefore not permitted to transfer this right.

2.9 User warrants that the information provided at registration or when being offered business, including images and descriptions is, insofar relevant:

correct, complete and accurate;
is not in contravention of legislation or international rules in consumer protection, unfair competition, misleading or comparative advertising or equal opportunities;
contains or concerns no threatening, blasphemous or objectionable messages;
contains or concerns no obscene messages or (child) pornography;
contains no computer viruses, Trojans, worms, time bombs, ‘cancelbots’ or other programme routines which are intended to damage or have a negative effect on, interfere with the normal working or, or give control of computer systems, computer programmes or websites;
contains so discriminating and/or vindictive texts;

2.10 User guarantees that he does not use any equipment or programmes in his contacts with Powertransmissions which can interfere with the normal functioning of Powertransmissions, nor send data to Powertransmissions which may put a disproportionate load on the infrastructure of Powertransmissions because of its size or characteristics

2.11 Without affecting the other rights of Powertransmissions, User shall remove materials from the Website if they infringe upon the rights of Powertransmissions and/or third parties, at the first request of Powertransmissions, as soon as possible, through in any case within 24 (twenty four) hours.

2.12 The use guarantees that he will not use the (functionalities of) the Website to

download, send or distribute data which contains viruses, worms, spyware, malware or any other similarly damaging programmes
carry our calculations, actions or transactions which may interfere with, destroy or limit the functionality of the Website or a programme, computer or means of communication.

2.13 Powertransmissions reserves the right to refuse use to a legal entity or person at its own discretion. In particularly when that person/legal entity:

has already been denied use by Powertransmissions or by another organiser of internet platform;
has been convicted of computer crime or fraud in the past; or
has been refused an account by an internet provider, or his account has been cancelled
is likely not to adhere to these Conditions.

Article 3. Relationship User-Powertransmissions

3.1. Powertransmissions is in no way involved with the delivery and carrying out of business offered on the Website. User and/or Visitor recognises that Powertransmissions only organises the coming together of supply and demand and provides this in the form of a website. Powertransmissions is therefore not responsible for the carrying out and the quality of the business, guarantees, advertising and completion by payment and execution. Powertransmissions is in now way involved in the transaction between Users.

3.2. Powertransmissions offers no guarantee regarding the results achieved through the use of the website or regarding the accuracy or the reliability of any information available on the Website or obtained via Powertransmissions.

3.3. The Services provided by Powertransmissions are presented via the internet. Users as well as the Visitors accept the risks related to the open nature of the internet. Powertransmissions offers no guarantees regarding any defect in relation to an intrusion in the computer system or the presence of any viruses or errors which may affect certain functionalities of the Website. Any transfer of information on the Website is done at the User and Visitor’s own risk.

3.4. User accepts that Powertransmissions is not able to ascertain the identity of a Provider/Customer with certainty and that the User is therefore responsible for ascertaining the identity and reliability of a Provider/Customer.

3.5. User recognises that Powertransmissions is not responsible for an agreement being made, nor for the completion thereof or the methods of payments for the transaction being effected, nor for the observance of the legal conditions set by the User such as the Distance Selling Act or any other (tax) legislation or regulation.

3.6. User recognises that Powertransmissions has the right to refuse previously offered business without giving reasons, or removing items after placing them, such as business which is unlawful or other any other provision of service which, in the opinion of Powertransmissions, is not in agreement with the aims of Powertransmissions or may damage the reputation of Powertransmissions.

3.7. Powertransmissions also reserves the right to remove advertisements from the Website without stating reasons. This will in any case occur in the following cases, though not exclusively:

· The items concerned have been placed in the a "wrong" section;
· The items in the advertisements have been described incorrectly and/or incompletely;
· The item and/or advertisement concerned is in breach with the intellectual property rights of third parties;
· The item concerned could do damage to the intellectual property rights of third parties in any other way;
· The item and/or the content of the advertisement contains discriminatory expressions, (child) pornographic material or is unlawful in any other way.
· Advertisements which are offensive in any other way, in the opinion of Powertransmissions;
· There is a suspicion that it concerns illegal business;
· Advertisements of Users who have failed to make timely payments.

Article 4. Working method Powertransmissions

4.1. Powertransmissions offers Users the opportunity of coming into contact with each other and coming to an agreement themselves. Powertransmissions does not intervene in regards to the content (directly or via the Website) during the formation of an agreement between Users and is in no way responsible for the way in which Users give substance to their rights and obligations towards each other. The Provider and the Customer are themselves responsible for coming to an agreement.

4.2. In addition the aforementioned, Powertransmissions expressly does not guarantee:

· that the supplied items are of good quality;
· that the information provided by the Customer/Provider is correct, complete and up to date;
· that third parties use its system lawfully; or
· that the other party is legally competent and authorised to act when completing an agreement which came about through the use of the Website.

4.3. Powertransmissions may refuse to place an item if Powertransmissions judges it to be in breach of public order or public morals or is in breach of the clauses in these Conditions in any way.

Article 5. Duration of Agreement and payments

5.1. Users may enter into an agreement for twelve (12) months. The prices of this are stated on the Website, and are exclusive of VAT unless stated otherwise. The agreement is realised by written and/or electronic registration via the Website.

5.2. All prices on the website are subject to typing and calculation errors. No liability is accepted for typing and calculation errors.

5.3. After the agreed period, the Agreement automatically comes to an end.

5.4. The users can extend the Agreement via the Website.

5.5. The approval of the Agreement is done in the following way: the User registers on the website, selects one of the payment options and completes the payment. As soon as the User has received confirmation by e-mail, the Agreement is started.

5.6. Powertransmissions reserves the right not to extend an agreement, without giving reasons. Powertransmissions shall inform User of this by twenty four (24) hours before the expiring of the running.

5.7. Powertransmissions reserves the right to change prices e.g. by changing them by the yearly price index or general increases in the cost of the subscription. The price changes will be announced on the Website thirty (30) days before the changes. Article 1 subsection 7 is equally applicable.

5.8. If a user fails to pay an invoice on time, he will be in default ipso jure. The User then owes interest of 1% per month or part of a month, unless the statutory interest is higher in which case he will owe the statutory interest. The interest on the claimable amount will be calculated from the moment the user is in default until the moment the payment of the full amount is made.

5.9. User is never entitled to set off the owed amount against Powertransmissions. Objections against the amount of an invoice do not suspend the obligation to pay.

5.10. If the user is in default of the (timely) compliance with his obligations, all reasonable costs for the obtaining of payment will be charged to the User extrajudicially. The extrajudicial costs are calculated on the basis of what is common in Dutch collection methods; currently the methods of calculation in accordance with the Voorwerk II report. If Powertransmissions has incurred higher costs to collect, which were reasonable, the actual costs incurred will be eligible for compensation.

Article 6. Delivery time and maintenance

6.1 Delivery time is understood to mean the term stated in the Agreement in which the Services are to be carried out by Powertransmissions.

6.2 Powertransmissions will make an appropriate effort to abide by the agreed (delivery) times as much as possible. An occasional breach of he stated or agreed (delivery) time does not bring Powertransmissions in default.

6.3 In all cases, and therefore also if parties have expressly agreed a deadline in writing, Powertransmissions will be in default when the User has declared him in default in writing.

6.4 Powertransmissions is not bound to (delivery) times not being met due to circumstances beyond his control which occurred after making the Agreement.

6.5 Powertransmissions is not bound to a delivery deadline if the parties have agreed a change to the size of the Agreement (additional work, changes in the specifications etc.). If any deadline threatens to be crossed, Powertransmissions and the User will discuss this as soon as possible.

6.6 Powertransmissions reserves the right to temporarily take the Website out of service for maintenance, improvements to the Website and web servers of Powertransmissions. Powertransmissions shall never be liable for any damages to the User because of this kind outage.

6.7 Powertransmissions is entitled to change the programs of the Website from time to time in order to improve the functionality and to recover faults. Powertransmissions is not obliged to inform the User of this. Powertransmissions is not obliged to compensate for any damages caused by changing the Platform.

Article 7. Communication

7.1 Powertransmissions is not liable for misunderstanding, mutilations, delays or incomplete arrival of messages caused by the use of the internet or any other form of communication in the traffic between User and Powertransmissions, or between Powertransmissions and third parties insofar as they relate to the relationship between User and Powertransmissions, unless and insofar as there is gross negligence on the side of Powertransmissions.

7.2 Powertransmissions corresponds with a User through e-mail, or regular post at the address which is given by the user at the time of registration.

7.3 Powertransmissions is not liable for any damages to the User if he has failed to keep his details up to date.

Article 8. Liability

8.1 Powertransmissions offers a platform and facilities which allows Supplier and Customer to come into contact. Powertransmissions is therefore not involved in any contact between Provider and Customer. Powertransmissions is therefore not liable or in any way responsible for the content and correct display, the correctness and truth of the offered items as well as the following up of any agreement between Supplier and Customer.

8.2 Despite the constant attention for the quality and the content of the website, Powertransmissions can offer no guarantees in regards to the sufficiency, correctness and completeness of the information on the Website. User/Visitor can derive no rights from such an insufficiency, incorrectness or incompletion.

8.3 Powertransmissions accepts no liability for any damage which occurs as a consequence of the access to, use of, trust in (information included in) the Website. User himself is responsible for the protection and back-up of (computer) data and/or objects used in connection to the Services.

8.4 Powertransmissions provides no guarantees for the functioning of the Website without error and without interruption and accepts no liability whatsoever for any consequences of (temporary) non-availability.

8.5 Powertransmissions is not liable for the presence of information about Users on the Website and the presence of links on the website to other websites and/or for the content and the use of these websites.

8.6 Powertransmissions is not responsible for damage of any kind caused by Powertransmissions acting on incorrect and/or incomplete details provided by the User, unless Powertransmissions should have been aware of this incorrectness or incompleteness.

8.7 In case of attributable breach in the following up of the Agreement towards the User, Powertransmissions is only liable for alternative compensation, meaning compensation for the value of the effected performance. This liability is always limited to a maximum of the amounts which the User has paid Powertransmissions in the period of six (6) months before the damage occurring, unless the damage is the consequence of gross negligence or deliberate intent on the side of Powertransmissions.

8.8 User accepts that Powertransmissions is not liable for any damage caused by actions by Powertransmissions in agreement with these Conditions and shall compensate Powertransmissions for all costs and damages caused by any claims by a third party in relation to actions not permitted by the User, stated in these Conditions.

8.9 User accepts that Powertransmissions shall not be held liable for any damages which the User suffers as a consequence of the User or third parties not being able to gain access to Powertransmissions, faults, errors in software by the incomplete or incorrect communication of information or by any shortcoming Powertransmissions in the carrying out of this Agreement, unless there is gross negligence or deliberate intent on the side of Powertransmissions.

8.10 Powertransmissions is never liable for indirect or resulting damage, loss of sales or profit, missed savings, loss of data, damages caused by company stagnation or immaterial damages.

8.11 User and/or Visitor indemnify Powertransmissions (and all its employees and intermediaries) against all possible claims, claims for damages and such like related to disputes which in any way follow from or relate to an agreement made using the website.

8.12 Although Powertransmissions will make all reasonable efforts to ensure that the connection between the Powertransmissions on-line platform and the infrastructure of the User/Visitor is safe- with due consideration for the latest technology – Powertransmissions accepts no liability for safety risks which are created as a consequence of the computer, operating system, the internet connection, the firewall, the network etc. of the User/Visitor.

8.13 Considering the large number of nodes with human intervention on the internet, the use of local networks and wireless communication, one has to take into account the fact that the information obtained or sent via the internet is freely accessible. Powertransmissions cannot be held liable for damages caused by sending confidential or secret information. Powertransmissions is not liable for the security or abuse by third parties of the stored data.

8.14 The User must immediately inform Powertransmissions of changes in the details of the User. If the User fails to do so, the User will be liable for any damages suffered by Powertransmissions as a consequence thereof.

8.15 In deviation of the statutory periods of limitation, the period of limitation of all claims and responses of the User/Visitor in relation to Powertransmissions and by Powertransmissions in the carrying out of an agreement involving third parties amounts to one year.

Article 9. Privacy, information and intellectual property

9.1 Powertransmissions is convinced that the protection of the personal life of its Users and visitors to its website is of vital importance to its activities. Personal details are therefore treated and stored with the utmost care. Powertransmissions therefore adheres to the requirements made by the Personal Data Protection Act at all times.

9.2 User agrees to and gives permission for the processing of personal and company details by Powertransmissions. In conformity with the Personal Data Protection Act, the processing of personal details is registered with the Data Protection Authority under reference number.

9.3 Powertransmissions only uses the information obtained from the User to allow Powertransmissions to function. By registering on the website, the User gives Powertransmissions permission to store and use these details.

9.4 User gives Powertransmissions permission to use these details for the prevention of abuse and fraud (this includes passing on the details to the justice system or to victims of abuse and fraud) and for statistical purposes related to the use of the website.

9.5 If company details are not displayed correctly/completely on the Website, or when the User does not wish to receive the digital newsletter, this can be changed/communicated via the website.

9.6 Users and Visitors of the Website only use the details they obtain about each other via the website for the purpose for which this information is made available.

9.7 Powertransmissions reserves the right to remove information from the Website which could create liability for Powertransmissions, in their opinion.

9.8 Powertransmissions may refer to other websites (by means of a hyperlink, button and banner for example). On these websites, the User will be subject to the privacy regulations of that website. Powertransmissions has not influence on the content and policies of these websites. If the User uses the services of external service providers, this will fall under the privacy regulation of that service provider.

9.9 All (intellectual) property rights on the databases as well as the content of the Website remains with Powertransmissions. The copyright is registered with the organisation certified and specialised in that area.

9.10 No content from the Website may be published or copied without prior permission from Powertransmissions, this includes copying through printing, offset, photocopying, microfilm or copying it in any other digital, electronic optical or other form (and if necessary, this applies in addition to the copyright), the reproduction for a company, organisation or institution or for own practice, study or use which is not strictly private in nature, or for the inclusion in any daily or weekly newspaper or magazine (also in digital format or on the internet).

9.11 Powertransmissions also reserves all rights related to product developments inspired by the work carried out under the agreement with the User, insofar as these rights derive from the law.

Article 10. Spam/harvesting

10.1 The use of (personal) details which are published on the Website by third parties, including, thought not limited to, e-mail addresses, is only permitted with the intention of coming to an agreement with the User in relation to the items supplied or demanded. It is no way permitted to process the (personal) details for any other purpose, which means that the following is prohibited, amongst other things:

· Sending a Visitor or other User (unsolicited) e-mail(s), meaning e-mail(s) with a general nature which do not directly relate to the items supplied or demanded, irrespective of whether this concerns messages of a commercial nature;
· Sending a Visitor or other User (unsolicited) e-mail(s) in which commercial items or services are offered, irrespective of whether these items or services relate to the items supplied or demanded (indirectly);
· To collect the e-mail addresses of Visitors/Users of Powertransmissions for whatever reason.

10.2 If a User acts in (partial) contravention of the provisions in this article, the User will owe a penalty immediately due and payable of €5,000.00 (five thousand Euro) without judicial intervention, per occurrence, whereby the use of one (personal) detail counts as one occurrence. The above applies without prejudice to the right to full compensation.

Article 11. Force Majeure

11.1 Powertransmissions is not obliged to meet one or more obligations under the Agreement if
Powertransmissions is prevented from doing so as a consequence of force majeure.

11.2 Force majeure in these Conditions also includes a non-attributable breach by third parties or suppliers, the temporary or insufficient availability of hardware, software and/or internet or other telecommunication connections which are necessary to deliver Services as well as every other situation which Powertransmissions cannot exert (decisive) influence.

11.3 In case of a situation of force majeure, Powertransmissions is not liable to compensate for any damages incurred by User as a consequence of the situation.

11.4 As soon as the situation of force majeure has lasted more than two (2) months, the User is entitled to terminate the Agreement in writing, immediately.

Article 12. End of Agreement

12.1 Without prejudicing what is set out in the Agreement above, Powertransmissions can cancel the agreement with immediate effect if User does not meet one or more of his obligations to Powertransmissions, or does not fully meet his obligations, or acts in breach of them.

12.2 Powertransmissions is entitled to end the Agreement with immediate effect without judicial intervention if the User is declared bankrupt, has requested or obtained a suspension of payment or has lost control of his assets in any other way. The latter party is not entitled to compensation in that case.

12.3 If the account is cancelled, all files will immediately be removed from the account.

12.4 Powertransmissions reserves the right to prohibit User from continuing to use the Website and to dissolve the Agreement with User if User acts in breach of the Conditions, Dutch Law, or with the internet etiquette a user has to adhere to, in any way.

12.5 The previous subsection does not prejudice Powertransmissions’ right to take further action against the user and to claim damages. Invoice amounts of the User which are already open are immediately claimable.

12.6 If a service cannot be supplied to Powertransmissions for whatever reason, Powertransmissions is entitled to dissolve the Agreement on those grounds.

Article 13. Forum

13.1 The forum on the Website is accessible to Users and Visitors.

13.2 Only Users can submit messages.

13.3 Powertransmissions is in any case entitled to remove a message if one of the following situations applies – though this list is not exhaustive:

Powertransmissions has a court order to remove;
The message contains rude, libellous, vulgar, obscene, hurtful or racist language;
The message contains personal details of another User;
The message refers to an investigation of Powertransmissions or a judicial institution;
The message contains links or scripts;
The message was intended for another User;
The message was submitted by a User who provided incorrect contact details;
There is a legal dispute between Users and/or with Powertransmissions.

13.4 If the previous clauses are breached, Powertransmissions has the right to remove access to the website temporarily or permanently, and may suspend or cancel access immediately. This is without liability in relation to User(s).

Article 14. Dutch Law

14.1 Dutch law applies to every Agreement made by Powertransmissions, exclusively.

14.2 The latter clause also applies if an Agreement is executed partially or fully abroad, or if the party involved is a foreign resident. Any application Vienna Sales Convention is out of the question.

14.3 All disputes related to Agreements between Powertransmissions and the User to which these conditions apply and which do not fall under the jurisdiction of the subdistrict court, will be ruled on by the Haarlem District Court.

14.4 The most recently filed version or the version which applied at the time the agreement was made with Powertransmissions always applies. The Dutch version of the Conditions will always prevail for the interpretation thereof.