Terms and conditions
BAMBELO GENERAL TERMS AND CONDITIONS
This document contains 3 parts:
- General provisions (applicable to everyone who uses our services)
- For clients (consumers/website visitors)
- For contractors (our partners/suppliers or service providers)
PART A: GENERAL PROVISIONS
Bambelo: Bambelo B.V., Yonego B.V., Yonego Holding B.V., its subsidiaries or sister companies
Consumer: A natural person who is not acting in the course of a profession or business, who is brought into contact with a Partner via Bambelo's website or otherwise uses Bambelo’s services
Agreement: Any agreement between Bambelo and an Other Party
Partner: The natural person or legal entity that offers products and/or services to consumers
Other Party: Depending on the context: Consumer or Partner.
Introduction: services provided by Bambelo
- Bambelo offers a website on which Consumers and Partners can come into contact with each other in connection with the performance of work. Bambelo has only a facilitating role and therefore cannot be held responsible for acts or omissions of a Partner or a Consumer through or in connection with the website or otherwise.
Applicability of the General Terms and Conditions
- These Terms and Conditions apply, to the exclusion of the terms and conditions of third parties, to Consumers’ use of a Bambelo website or service, and to all agreements between Bambelo and the Other Party for the supply of goods or services by Bambelo to the Other Party, and all related Agreements and juridical acts.
- If and in so far as any provision of these General Terms and Conditions is declared null and void or is nullified, the other terms and conditions will remain in full force. In that case, Bambelo will adopt a new provision to replace the void/nullified provision, taking into account the purport of the void/nullified provision as much as possible.
- Bambelo is entitled at all times to amend or supplement these General Terms and Conditions.
- Both Consumers and Partners are themselves responsible for the accuracy and completeness of the information provided by them. Bambelo bears no responsibility whatsoever for this, nor for any other communication between Consumers and Partners. Bambelo also bears no responsibility for the performance of their obligations by Consumers and Partners, including compliance with any payment obligation or the proper performance of the work to be carried out.
- Bambelo offers the information on its websites, to the extent permitted by applicable law, on an "as is" basis, to the exclusion of any express or implied warranties, undertakings or indemnities of any kind, including (but not limited to) the exclusion of warranties in respect of entitlement to ownership or other rights, sufficient quality, fitness for a particular purpose and non-infringement of property rights or rights of third-parties. In particular, Bambelo does not warrant that the information on the website is correct, complete, appropriate, up to date and not unlawful, including the information provided by Consumers.
Conclusion of agreements between the Consumer and the Partner
- Agreements between the Consumer and the Partner will only come into existence when the Consumer has expressly confirmed this to the Partner. Bambelo is not a party to Agreements between the Consumer and the Partner. Consequently, Bambelo cannot exercise any control over the quality, safety or legality of the assignments and/or activities, the correctness of the offers, the authority of the Consumers to have work performed, and/or the Partners' authority to perform that work. The Partner indemnifies Bambelo against any third-party claims relating to such matters.
- The personal and other data obtained by the Partner (via the website or otherwise) may only be used for the purpose for which it was provided. The Partner must process this data in accordance with the General Data Protection Regulation. It is not permitted to process this data for any other purpose, including, but not limited to, any form of unsolicited communication (spam). It is also not permitted to collect personal data (including email addresses) of Users for any purpose whatsoever.
- Any Partner receiving a quotation request must inform Consumers of the processing of their personal data. In principle, this is done when confirming the request or sending information. If a Partner decides not to accept a quotation request, the Partner must immediately remove the data of the Consumer in question from its systems. If the contract is not awarded to the Partner, it must also delete the Consumer’s data unless there is a retention obligation or another ground for retaining this data. The Consumer's data may not be retained for longer than strictly necessary and must be adequately secured.
Intellectual property rights
- The Other Party is not permitted to use Bambelo's works protected by Intellectual Property Rights (such as copyright) without Bambelo's permission, other than in the context of the normal use provided for by the Agreement. For the purpose of this normal use, Bambelo grants the Other Party a non-exclusive, non-transferable licence, subject to the conditions set out in the Agreement and these General Terms and Conditions. This licence will not be granted or co-granted to companies or institutions affiliated with the Other Party unless agreed otherwise in writing.
- The Other Party is not permitted to remove or amend any notice concerning the confidential nature or concerning copyrights, trade marks , trade names or other intellectual or industrial property rights from the software, websites, data files, hardware or other materials of Bambelo.
- If and in so far as the items delivered are intended for Bambelo to use the intellectual property of the Other Party or of third parties, the intellectual property rights will remain vested in the Other Party or such third party. The Other Party grants Bambelo permission to use the works protected by those intellectual property rights for the purpose of performing the Agreement. In the event that the parties wish to use the intellectual property of a third party that is not a party to the Agreement for the purpose of performing an Agreement, the party that proposes using such works must obtain the consent of that third party.
- If the Other Party infringes the intellectual property rights of Bambelo and/or third parties, the Other Party will be liable for all ensuing damage.
- The Other Party will indemnify Bambelo against any liability for infringement of such rights, alleged or otherwise. Where appropriate, Bambelo will have the right to suspend delivery to the Other Party until clarity has been obtained regarding the alleged infringement.
- The Other Party is aware that the goods and/or services supplied by Bambelo may contain confidential information and business secrets of Bambelo or that the Other Party may become aware of such information, and the Other Party undertakes not to disclose the confidential information and trade secrets supplied or make them available for use by any third party. The Other Party will instruct its staff accordingly and ensure that only those of its employees become privy to such confidential information who need to do so by virtue of their work for the Other Party.
- Bambelo is obliged to observe confidentiality vis-à-vis third parties with regard to the information provided to it by the Other Party and to treat this information as confidential. Bambelo will instruct its staff accordingly and ensure that only those of its employees become privy to the Other Party’s activities and data who need to do so by virtue of their work for Bambelo.
- Bambelo and the Other Party warrant that all information they receive from each other that is known or should be known to be of a confidential nature, will remain secret, unless a statutory obligation requires disclosure of such information. The party receiving confidential information will only use it for the purpose for which it was provided. Information will in any case be considered confidential if it has been designated as such by the parties.
- The Other Party is not permitted to transfer any of the rights and obligations ensuing from the Agreement to a third party.
- Neither Bambelo nor the Other Party is obliged to perform any obligation if it is prevented from doing so by an event of force majeure. Force majeure is understood to include failures in telecommunication connections (including the Internet), power outages, malfunctions in Bambelo's equipment, failure by suppliers prescribed by the Other Party to Bambelo to properly perform their obligations, and defective goods, materials, and software of third parties, the use of which has been prescribed by the Other Party to Bambelo.
- Bambelo accepts no liability whatsoever for any damage howsoever named resulting from its intermediary activities, use of its website, or any unlawful act or otherwise, in so far as this is permitted by mandatory rules of law.
- If Bambelo is liable to the Other Party for any damage, howsoever named, on any basis whatsoever, the amount of the ensuing damages will be limited to the amount actually paid out by Bambelo's insurance in the relevant case. If Bambelo's insurance does not pay out for any reason whatsoever, the total compensation for direct damage will not exceed EUR 5,000.
- Bambelo will only be liable for direct damage (as described below) suffered by the Consumer as a result of a breach and/or an unlawful act attributable to Bambelo up to an amount equal to the fees received by Bambelo in the three (3) months prior to the event giving rise to the liability, from the Consumer for the Service to which such breach or unlawful act relates. The total liability under the agreement will never exceed EUR 1,000 (one thousand euros).
- Direct damage is exclusively understood to mean: i) material damage to goods; ii) reasonable costs incurred to prevent or limit direct damage that can be expected to occur as a result of the event on which the liability is based; iii) reasonable costs incurred to determine the cause of the damage, the liability, the direct damage, and the method of repair.
- Any liability on the part of Bambelo other than for direct damage, including consequential damage, is excluded. In this context, consequential damage will in any event be understood to mean: loss of profit, lost savings, reduced goodwill, damage due to business interruption, losses, costs incurred to prevent or establish consequential damage, loss or exchange of or damage to electronic data and/or damage due to delays in the transmission of data and all damage other than that referred to in Article 10.4.
- This limitation of Bambelo’s liability is not intended to exclude Bambelo's liability for any intentional act or omission and/or deliberate recklessness on the part of Bambelo (“own acts”) itself and/or its manager and/or employees. Any damage that, in the opinion of the Other Party, is the result of an intentional act or omission or gross negligence on the part of Bambelo must be reported to Bambelo in writing as soon as possible, but no later than within thirty (30) days of such damage occurring. Damage that is not reported to Bambelo within this period will only be eligible for compensation if the Other Party has plausibly demonstrated that it was not able to report the damage earlier.
- Bambelo has the right to unilaterally amend these General Terms and Conditions. Amendments also apply to agreements already concluded. Amendments will enter into force one month after notification by means of a written notice.
- After the date of entry into force, the Other Party will be deemed to have tacitly accepted the amendments.
Governing law and competent court
- This Agreement will be governed by Dutch law.
- The District Court in Breda, The Netherlands, will have jurisdiction to rule on any disputes arising from the Agreement to the exclusion of any other courts.
PART B: FOR CLIENTS (CONSUMERS/WEBSITE VISITORS)
Intermediary activities by Bambelo
1. The Consumer accepts that the website and services provided by Bambelo only contain the functionality and other features as found at the time of use (on an "as is" basis). Bambelo specifically excludes any express or implied warranties, undertakings and indemnities of any nature whatsoever, including but not limited to warranties, undertakings and indemnities with regard to the quality, safety, lawfulness, integrity and accuracy of the Services, unless otherwise provided in these General Terms and Conditions.
2. The Consumer acknowledges and accepts that Bambelo only offers a website on which Consumers are brought into contact with Partners who may be able to supply the goods and/or services required by the Consumer. Bambelo has no knowledge of and/or involvement in the delivery of goods/services by Partners and has no involvement in the contact made as a result of the intermediary activities by Bambelo, nor with any arrangements and/or agreements ensuing from this contact.
3. Consumers are themselves fully responsible and liable for all acts they perform using the Platform and/or Services.
4. Bambelo cannot warrant that:
(a) all information on the website is correct, complete, appropriate, up to date and not unlawful, including the information provided by Partners;
(b) the website will operate uninterrupted, free of viruses, trojans and other errors and/or defects, and that any defects will be remedied; and that
(c) third parties will not use Bambelo's website and/or systems unlawfully. It is therefore always the Consumer's responsibility to investigate whether the Partner meets the requirements set by the Consumer and will be able to perform the requested work and to negotiate the terms and conditions of this service with the Partner before giving a contract to a Partner.
Obligations of the Consumer
1. The Consumer will give the Partner or third parties engaged by the Partner the opportunity to perform the work.
2. The Consumer will ensure that the Partner has the necessary approvals for the work and the data required for the work in good time.
3. The Consumer will provide the connections available to him or her for the energy and water required for the work. The costs of electricity, gas and water will be borne by the Consumer.
4. The Consumer must report any defects in the work to the Partner, preferably in writing, within a reasonable period of time after he or she discovered or should reasonably have discovered such defects. This also applies if a Partner has caused any damage, directly or indirectly, in any way whatsoever in connection with the performance of its work.
5. The Consumer bears the risk of damage caused by:
- inaccuracies in the assigned work;
- inaccuracies in the designs and working methods required by the Consumer;
- defects in the movable or immovable property on which the work is performed;
- defects in materials or tools made available by the Consumer.
PART C: FOR CONTRACTORS (OUR PARTNERS/SUPPLIERS OR SERVICE PROVIDERS)
1. The Partner warrants that all data, including, but not limited to, the name, address details and email details, that it provides is complete, correct and reliable, is not contrary to applicable laws and regulations and is not unlawful, and that it will use the website solely for itself. In addition, the Partner warrants:
(a) that it will comply with applicable laws and regulations;
(b) that it is registered with the Chamber of Commerce and will maintain this registration during the term of the Agreement and that the registration is related to the field in which the Partner works;
(c) that it will at all times comply and continue to comply with the quality and other requirements and standards that are customary in the sector in which the Partner works and which are applicable at that time.
Use of Bambelo's website/services
1. The Partner will only post and send messages via the website for the purpose of obtaining a contract for the performance of work for a Consumer. The Partner will refrain from sending unwanted and/or unsolicited messages to Consumers.
2. By offering data on the website, the Partner consents to the publication of this data on the website. The Partner is aware that whether the Partner is selected for a quotation request by a Consumer depends on a number of factors, including the geographical location of the Consumer and the criteria entered by the Consumer, and that it is not entitled to any specific number of quotation requests or any other result. Bambelo expressly does not guarantee any specific number of leads or requests.
Termination of the partnership
1. Bambelo reserves the right to terminate the Agreement without any notice of default being required and to exclude the Partner from any use or further use of the website without being obliged to refund any fees already collected, if there are valid reasons for doing so. This will apply in situations including, but not limited to, the following:
(a) if the Partner in any way acts in violation of these General Terms and Conditions;
(b) if the Partner infringes the intellectual property or other rights of third parties;
(c) if Bambelo has a legitimate suspicion that the Partner is guilty of fraud, misrepresentation, forgery and/or other criminal acts;
(d) if the Partner sends commercial or other messages to Consumers, except, of course, in response to a quotation request or ensuing follow-up question;
(e) if the Partner acts in violation of applicable laws and regulations;
Fees and payment
1. The Partner will owe Bambelo a fee if it receives a quotation request via the website following an enquiry. The amount of the fee was communicated to the Partner upon confirmation of the arrangements made for the partnership. By sending a quotation in response to a quotation request, the Partner agrees to pay the communicated fee. The payment arrangements are also set out in the above-mentioned confirmation of arrangements made.
2. Bambelo has a return policy, under which the Partner may, under certain circumstances, apply for a refund of the fee. The relevant arrangements are set out in the confirmation of the partnership arrangements.
3. Bambelo is entitled to change its fees or fee structure at any time. Unless explicitly agreed in writing that prices and fees apply for a specific period, the announced changes to the monthly and otherwise periodically due amounts and changes to the fee structure will take effect 1 (one) month after they have been announced. The changes will be announced via the website. If the Partner does not wish to agree to the change referred to in this Article, it will have the option of terminating the agreement with Bambelo for 14 (fourteen) days prior to the date when the change takes effect.
4. All prices and fees in quotations are exclusive of turnover tax (VAT), unless stated otherwise.
1. All information, in whatever form, provided by Bambelo to the Other Party, is exclusively intended for internal use by the Other Party. This information must not be used for any purpose other than the purpose for which it was provided. The Other Party will treat this information as strictly confidential.
Non-solicitation of staff
1. During the term of the Agreement and for one year after its termination, the Other Party will not employ or hire any personnel employed by Bambelo or who carry out work for Bambelo in any other way, unless otherwise agreed with Bambelo. In the event of any breach of this provision, the Other Party will owe an immediate penalty of EUR 25,000 per event, which is not eligible for compensation.