Terms & Conditions of Use Conferli BV

Article 1 General

1. In these Terms & Conditions of Use, the following terms are used in the sense given below, unless expressly stated otherwise.
2. Offer the Offer from one User to another User.
3. Conferli the service provider that makes the use of the Platform available to a User.
4. Services any and all services that Conferli provides to free and paid subscribers.
5. User the City, Country, Location or Association that enters into an Agreement with Conferli for the use of the Platform and offers a location or destination (to be determined) via the Platform, or that makes an Offer to plan an event via the Platform.
6. Agreement any Agreement and other obligations between the User and Conferli, as well as proposals by Conferli for Services provided to the User by Conferli and accepted by the User and accepted and performed by Conferli.
7. Platform the website or application used by Conferli.

The Platform is made available for use by event organizers in the broad sense who are looking for a city or specific location that is suitable for the organisation of the event in question.

Article 2 Applicability

1. These Terms & Conditions of Use apply to each Agreement between Conferli and the User and to the use of the Platform by each User.
2. Deviation from these Terms & Conditions of Use is not possible.
3. Conferli treats the (personal) data of Users with due care. Processing of personal data will only take place within the framework of the performance of the Services of Conferli. Conferli will not process personal data for any other purpose and will never retain them longer than necessary. For more information, please refer to Conferli's Privacy Statement.
4. As the provider of the Platform, Conferli is not a contracting party to agreements that may be concluded between Users.
5. Conferli has no control over, and never guarantees, the quality, suitability, availability, completeness, correctness and/or legality of the Offer, or the User who posted the Offer. Conferli points out that each User has an independent obligation to investigate whether the Offer shown complies with the above.
6. The Platform and/or the Offer may contain links to third party websites. Other cookies and/or privacy statements may apply to third-party websites. Conferli is not responsible or liable for the availability or accuracy of the (content of the) websites of third parties. A link to a third party on the Platform and/or in the Offer should never be considered as an endorsement by Conferli of the (services of the) third party.

Article 3 Use of the Platform

1. The Agreement for the use of the Platform for destinations is entered into for a period of one year and cannot be terminated in the interim. The Agreement will be automatically and tacitly renewed unless the User terminates the Agreement within the agreed term. Notice of termination must be given one month before expiration of the Agreement. For venues and congress organizers the subscription is until notice of one of the parties to end the cooperation this can be done by sending an email to info@conferli.com.
2. Conferli may impose further restrictions or conditions on access to and use of certain parts or functions of the Platform, including but not limited to creating an account, completing a verification process and meeting specific quality or eligibility criteria.
3. Conferli shall take all reasonable measures it can reasonably be expected to take regarding the verification process. In this regard, Users may be obliged to provide some form of (government) identification or other information. Conferli also has the right to screen Users based on public records of criminal convictions (if available).
4. All Users are prohibited from copying and/or otherwise reproducing or disclosing the Platform without the prior written permission of Conferli. This also includes the content of the Offer.
5. The (content of the) Platform and Offer may be protected by intellectual property rights and/or trademarks. By using the Platform, all Users agree that the intellectual property rights rest with Conferli and/or with the User who posted the Offer. The User is obliged to respect all technical protections and other provisions of the Platform, as well as any intellectual property rights pertaining thereto.
6. The User is expressly prohibited from infringing on the intellectual property rights of Conferli and third parties, as well as the good name of Conferli. All intellectual property rights and copyrights of the Platform, including graphic designs, ideas and the like, rest exclusively with Conferli and are expressly not transferred to the User. Users are prohibited from using, modifying, copying, licensing, selling or otherwise exploiting the content. Users have only a limited legal right to use the Platform.
7. Furthermore, the User is not permitted to process, collect or otherwise use the (personal) data of Users who have posted an Offer on the Platform for the purpose of acquisition or job offers.
8. The User shall ensure that all data, which Conferli indicates are necessary or which the User should reasonably understand are necessary for the access and/or use of the Platform, are provided to Conferli.
9. Conferli is not liable for any damage, of whatever nature, that arises because Conferli assumed incorrect and/or incomplete information provided by the User, unless Conferli was aware of this inaccuracy or incompleteness.
10. Users have access to the information as published and displayed on the Platform and sent through email and download reports. The User is at all times responsible for all data and information that they place on the Platform, Offer or in their account. If the User suspects that the information they have provided is incorrect or incomplete, the User will immediately inform Conferli and provide the correct information. The User has to keep their own data up to date and can change their data in their own account for that purpose.
11. Conferli is entitled to modify (parts of) the Platform, as well as its Services. The User will be informed of any changes in a timely manner.
12. Conferli shall not be liable for damages caused by complications related to the availability or functioning of information from third parties, nor for damages resulting from the use of the Platform in violation of conditions or for purposes other than those for which the Platform is intended.

Article 4 The Account

1. Every User must create an account for the purpose of accessing and using certain functions of the Platform, such as posting or viewing an Offer.
2. The User declares and warrants that they are authorised to place an Offer and to provide all necessary consents and licenses to Conferli (to the extent necessary) for the proper performance of the Agreement. If the User acts contrary to the above, Conferli reserves the right to deny the User access to the Platform and/or terminate the use of the Platform.
3. The account can be registered with an email address and a password.
4. The User is obliged to provide accurate and complete information during account registration and to keep the account up to date at all times.
5. Each User in the capacity of a City and/or Country and/or Location may only register one account unless expressly agreed otherwise in writing. The aforementioned restriction does not apply to Users who are an Association.
6. If two accounts are registered for the same City, Conferli will consult with the relevant Users to decide which User will retain or take over the account for the City or Location.
7. The User is responsible for their login details and should not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or that the account may have been used by an unauthorised party, the User must immediately contact Conferli. The User is liable for all activities carried out through their own account, unless the User can prove that they have not been negligent (failure to report unauthorised use or loss of login details).
8. Only after the account has been created can a User perform actions on the Platform. In addition to the above, the User, in the capacity of a City, can only perform actions on the Platform after payment has been made.
9. The User's account in the capacity of a City is exclusive and non-transferable, except with explicit permission from Conferli.

Article 5 Posting an Offer

1. Each User is independently responsible for all content made available by the User on or via the Platform. By posting information on the Platform, the User guarantees that they are the owner of all data they publish, or that they are authorised/entitled to publish/disclose such information on the Platform. The User guarantees that all information and/or data that they publish via the Platform will be free of any intellectual property rights of third parties, and not in violation of applicable laws and regulations.
2. Furthermore, all Users are prohibited from publishing an Offer on the Platform and/or distributing any other information via the Platform that contravenes Dutch laws and regulations, including, in any case: data without the consent of the (copyright) owner, defamatory information, or information that insults, intimidates, is blasphemous, discriminates, threatens, is racist in nature, violent, hateful, offensive or obscene, and information that contains child pornography or otherwise punishable pornography. Also included in the above is information that violates the privacy of third parties (including stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (that refer to such information on websites of third parties), loans, lotteries and/or gambling, drugs as well as any other type of harmful and/or illegal content that may harm the internet or email traffic of third parties or the Platform. Conferli may remove any posted content which contains one or more of the above-mentioned content. Conferli will notify the relevant User who has posted the content. Conferli respects the copyrights of third parties and expects the Users of the Platform to do the same. The content that Users can upload is screened randomly. However, Conferli is never obliged to screen all content at all times.
3. If the User suspects that the information they have provided is incorrect or incomplete, the User will inform Conferli immediately, provide the correct information and/or repair any defects themselves.

Article 6 Suspension and dissolution of the Agreement

1. Conferli has the right to remove the User's Offer and/or suspend its own Services if the User has not fulfilled their payment obligation or has not fulfilled it in time or in full, if the content of the Offer contravenes these terms and conditions, or if the Offer is misleading or otherwise causes damage to other Users or third parties.
2. The right of revocation is excluded for the User.

Article 7 Notice and Take-down

1. Conferli is obliged to report any (possible) punishable and/or unlawful acts and to hand over the information provided by the User to the competent authorities, as well as to perform all acts required of it within the framework of the investigation. Conferli reserves the right to deny the User access to the Platform and/or terminate the use of the Platform.
2. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the User's expense and risk.
3. The User is responsible for the proper security of the (mobile) device on which they use the Platform, as well as for the security and confidentiality of their own login details.
4. If and insofar as there is a violation of the rights of Conferli or third parties and/or unlawful acts by the User, Conferli is also entitled to delete the User's account or to impose restrictions on the use of the User's account in any other way. such as restricting or disabling posting offers, comments and more. Conferli will remove any infringing/harmful information immediately. Under no circumstances is Conferli liable for any damage suffered by the User, of whatever nature, as a result of the User's actions.
5. Every User can report indications and/or complaints to Conferli about infringing or illegal offers, or complaints about other Users. Reports can be made via info@conferli.com.

Article 8 Platform Availability

1. Conferli does not guarantee that the Services will always meet the expectations raised in advance. Conferli makes every effort to offer (the access to) the Platform without interruption to the User as far as possible, but does not guarantee the full availability of the Platform at all times. Conferli is entitled to suspend the use of the Platform if and insofar as in its opinion there is a danger to the flawless functioning of the Platform. Conferli is furthermore entitled to take all measures it deems reasonably necessary to ensure the effective functioning of the Platform.
2. Conferli is not responsible for malfunctions or disruptions of the internet and telecommunication infrastructure which are beyond the control of Conferli and which may result in interruptions in the availability of the Platform. Conferli may, temporarily and in accordance with the legitimate interests of the Users, limit the availability of the Platform if Conferli deems this necessary in view of any capacity limits, the security/integrity of Conferli's servers, or to perform maintenance on the Platform . Conferli is entitled to perform maintenance on the Platform and may introduce new functionalities. Conferli will inform the Users as much as possible of any changes to the Platform, unless such changes are of a minimal nature without this having a substantial effect on any contractual obligations.
3. Conferli has no responsibility for and/or influence on the communications by Users, and does not guarantee the suitability or availability of a match, the authority of a User to place an Offer, or the accuracy and completeness of the information provided. Every User has an independent obligation to investigate the Offer as shown. All information and numbers displayed on the Platform are subject to spelling or typing errors. Conferli shall never be liable if the Offer does not meet a User's expectations.

Article 9 Payment and Collection Policy

1. The User shall owe Conferli the agreed fee for the use of the Platform.
2. The User in the capacity of a Location also owes a fixed percentage, calculated over the value of the Offer or the quote, per definite booking through the Conferli Platform.
3. The User shall never be entitled to a refund of monies already paid due to the termination, voluntary or otherwise, of the use of the Platform.
4. The user must pay these costs as a lump sum, without set-off or suspension, within the specified payment term as stated on the invoice, to the account number and details of Conferli made known to him, or via the payment method designated by Conferli. Any additional costs related to payments from or to foreign countries will be borne by the User.
5. If the User does not fulfil their payment obligation and has not fulfilled their obligation within the stipulated payment term, the User shall be in default by operation of law. From the date on which the User is in default, Conferli shall be entitled, without further notice of default being required, to statutory commercial interest from the first day of default until full payment, as well as compensation of the extra-judicial costs in accordance with Section 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the decree on compensation for extra-judicial collection costs of 1 July 2012.
6. If Conferli has incurred more or higher costs which are reasonably necessary, these costs shall be eligible for compensation. The full judicial and execution costs shall also be for the account of the User.

Article 10 Privacy, Data Processing and Security

1. Conferli treats the User's (personal) data with due care and will only use it in accordance with the applicable standards. If requested, Conferli will inform the person concerned.
2. The User is responsible for the processing of data processed using a Service of Conferli. The User also guarantees that the content of the data is not unlawful and does not infringe on any rights of third parties. In this context, the User indemnifies Conferli against any (legal) claims related to this data or the execution of the Agreement.
3. If Conferli is required under the Agreement to provide information security, this security shall meet the agreed specifications and a level of security that is commercially reasonable in view of the state of the art, the sensitivity of the information and the costs involved.
4. If Conferli processes personal data of employees, customers or other persons with which Conferli reasonably comes into contact during the execution of the Agreement for the benefit of the User, Conferli hereby only acts as the processor within the meaning of Article 4 of the GDPR and User as Controller. The parties must conclude a processing contract in this respect.

Article 11 Limitation of Liability

1. Conferli shall not be liable if, as a result of a situation of force majeure, it is unable to meet its obligations, nor shall it be obliged to meet any obligation if it is prevented from doing so as a result of a circumstance for which it is not to blame, and which is not for its account by virtue of the law, a legal act or generally accepted practice. Force majeure is understood to mean in any case, but is not limited to, what is understood in this respect by law and jurisprudence, (i) force majeure of suppliers of Conferli, (ii) failure of suppliers to properly fulfil obligations, (iii) defect of third-party items, equipment, software or materials, (iv) government measures, (v) power outages, (vi) outages of internet, data network and telecommunication facilities (for example, through: cyber-crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Conferli and (xii) other situations that, in the opinion of Conferli, fall outside its sphere of influence that temporarily or permanently prevent the fulfilment of its obligations.
2. If and insofar as any legal provision does not preclude this, Conferli excludes all liability for damage suffered by the User on the basis of (i) the use of the Services of Conferli, (ii) the unavailability or incomplete or non-secure availability of the Platform, (iii) changes in, to or on the Platform or Services of Conferli and (v) any incorrect and/or incomplete information on the Platform.
3. Conferli excludes all consequential damages, including indirect damage, loss of profit and business interruption.
4. If and insofar as Conferli proves to be liable, its liability is limited to the maximum amount that User has paid to Conferli under the Agreement, but no more than one year (12 months) prior to the damage-causing event.
5. Conferli shall not be liable for damages caused by complications related to the availability or functioning of information from third parties, nor for damages resulting from the use of the Platform in violation of conditions or for purposes other than those for which the Platform is intended.
6. All claims of the User as a result of shortcomings on the part of Conferli shall lapse if they have not been reported to Conferli in writing and with reasons, within one year after the User was aware or could reasonably be aware of the facts on which they base their claims. One year after the termination of the Agreement between the parties, Conferli's liability shall lapse.

Article 12 Indemnification

Conferli shall not be liable if, as a result of a situation of force majeure, it is unable to meet its obligations, nor shall it be obliged to meet any obligation if it is prevented from doing so as a result of a circumstance for which it is not to blame, and which is not for its account by virtue of the law, a legal act or generally accepted practice. Force majeure is understood to mean in any case, but is not limited to, what is understood in this respect by law and jurisprudence, (i) force majeure of suppliers of Conferli, (ii) failure of suppliers to properly fulfil obligations, (iii) defect of third-party items, equipment, software or materials, (iv) government measures, (v) power outages, (vi) outages of internet, data network and telecommunication facilities (for example, through: cyber-crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Conferli, (xii) pandemics and (xiii) other situations that, in the opinion of Conferli, fall outside its sphere of influence that temporarily or permanently prevent the fulfilment of its obligations. The User and the User indemnify Conferli against claims by third parties in respect of damage suffered by them on the basis of (ii) the use of the Services of Conferli, (ii) the unlawful content of the Offer, and (iii) entering into an agreement in response to an Offer.

Article 13 Complaints

1. If a User is not satisfied with Conferli's Services, the User is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported orally or in writing via info@conferli.com, using “Complaint” as the subject.
2. The User must sufficiently substantiate and/or explain the complaint in order for Conferli to be able to deal with the complaint.
3. Conferli will respond to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.

Article 14 Modifications to the Terms & Conditions of Use

Conferli is free to modify (parts of) the Platform, as well as the content of its Services and these General Terms & Conditions. The amended Terms & Conditions will be published on the Platform with the last updated date. The User will also receive an email with the relevant modifications 30 days prior to the entry into force of the relevant modifications. If the User does not agree with the content of the changes, the User can immediately terminate the Agreement. The User will receive a further email on how the Agreement can be terminated. If the User does not reject the amended Terms & Conditions in good time, or at least not before the date on which the modifications take effect, or if the User does not object in any other way, or if the Agreement is terminated, the User agrees to the amended Terms & Conditions. In addition, if the User uses the Platform from the date the changes come into effect, the User is deemed to have accepted the modified Terms & Conditions.

Article 15 Applicable Law

1. Dutch law applies to the legal relationship between Conferli and the User.
2. All disputes, arising from or as a result of the Agreement between Conferli and the User, or through the use of the Platform by the User, will be settled by the competent court of the District Court of Midden-Nederland, location Utrecht, unless provisions of mandatory law designate another competent court.

Zeist, 9th of June 2022.