Terms of use
This website is owned by ReloAdvisor B.V. (‘ReloAdvisor,‘we’, ‘our’, ‘us’), whose registered office is located at: Giessenland 115, Hoornaar, The Netherlands and registered with the Dutch Chamber of Commerce (KvK) under registry number 75692171.
Definitions
If this document contains the following terms with a capital letter, in singular or plural form, these terms have the following meaning:
ReloAdvisor: the Private Company with limited liability ReloAdvisor B.V., with its registered office and place of business at Giessenland 115, Hoornaar, The Netherlands and registered with the Dutch Chamber of Commerce (KvK) under registry number 75692171.
User: every user and/or customer and/or natural person that does not act on behalf of a company or profession, which purchases services from the Partners and/or business service providers.
Parties: ReloAdvisor and User together.
Conditions: the present document, as well as possible appendices, which comprise of ReloAdvisor’s user conditions.
Applications: these include websites, systems and Apps: essentially all the digital products and the digital services that ReloAdvisor offers.
Partner: the company that uses the website or the App from ReloAdvisor and sells its products or services to the Users for professional and business purposes.
Lead: the contact details that the Partner gets from the User via the online form on the website and/or App. Once a User issues a quote request, ReloAdvisor will deliver the User data to up to 4 Partners and/or Potential Partners
Potential Partners: all businesses that are eligible for a free trial before they sign the legal agreement with ReloAdvisor. Potential Partners may receive related data for a limited time (mostly 7 requests as a free trial).
Agreement: the agreement between User and Partner to execute the Assignment.
Use: the User that uses ReloAdvisor online services and/or any other Applications and forms powered by ReloAdvisor.
Article 1. General provisions
1.1. These Conditions apply to every Use of the App by the Users. By accessing or Using the App, the Users explicitly agree to the Conditions and all terms that these Conditions include or refer to, or possible supplementary conditions described in the website and/or the system and/or the App. If the User does not agree to these Conditions, he/she may not visit or use ReloAdvisor Applications.
1.2. ReloAdvisor explicitly rejects applicability of general or purchase conditions, conditional acceptance or other reservations of the Partner.
1.3. If Parties experience a situation that is not explicitly described in these Conditions, and/or an article of these Conditions, then the Conditions shall be declared null and void or unenforceable based on a mandatory provision. This situation is to be assessed based on these Conditions, and Parties are bound to agree on a replacement provision in the nature of the voided provision.
1.4. Matters determined in clause 3 of this article do not affect the application of the other terms and provisions of these Conditions.
1.5. The User is not authorized to transfer rights and/or duties from the provisioning of services by ReloAdvisor and these Conditions to third parties, without such transfer being explicitly agreed upon in writing by both Parties.
1.6. If ReloAdvisor does not require strict observation of these Conditions, it does not mean nor imply that these stipulations are not applicable or that ReloAdvisor would lose any right to require observation of the provisions of these Conditions in other cases.
Article 2. The Lead and payment
2.1. The Lead originates between User and Partner. ReloAdvisor is not a contracting party of the Lead nor of any other agreements or transactions between the User and the Partner.
2.2. The Partner’s data shown by ReloAdvisor is used as an indication and delivered by the Partner as such. ReloAdvisor does not accept liability for the inaccuracy of the information that Partners provide Users through the use of ReloAdvisor.
2.3. ReloAdvisor does not accept liability for the execution of the Lead and the related services, including pre-contractual actions such as quotes or negotiations, or damages originating from such.
2.4. Invoicing is done by the Partner. ReloAdvisor is not responsible for any inaccuracy of the invoiced services or the amount of the invoice.
2.5. Payment by the User is made to the Partner – payment may or may not be made using the payment method via the Applications – under the conditions and in the way the Partner determines.
Article 3. Registration and use of the Applications by the User
3.1. ReloAdvisor uses the Applications to offer the Partners a platform to provide their services to the Users and to fully arrange and execute the Assignment. The Applications can be used by the User to check the status of services requested and/or provided, and Partners can use the Applications to get an overview of the Leads to carry out.
3.2. The Partner that concluded the Lead with the User, registers the User in the system, after which the User receives a link – at the email address the User indicated – to activate their account and use the system/app.
3.3. The system is for non-commercial and personal use of the User, and not for Partners’ goals, except if ReloAdvisor has granted Users specific written authorization for the commercial use of the system, for example via a contract with commercial conditions.
3.4. The User must agree to these Conditions before the Partners activate the account.
3.5. The Partner needs a username and password to Use the system/App, which they can create themselves.
3.6. The User is responsible for the user account and login data at all times. Every User is to keep the account and login data confidential and should never provide third parties with the data. ReloAdvisor can never be held liable for the loss of data and the use of the Applications by a third party that got to know the password or is provided with the password.
3.7. The User should immediately inform ReloAdvisor if an unauthorized third party gets to know the login data, if unauthorized use of the email takes place, or if the User is aware of a violation of the security.
3.8. When creating an account by means of the ReloAdvisor backend system, the User is to provide correct, updated and complete data. In case of changes, the User will update the data immediately and/or submit a request with the Partner to do so. If other or incorrect data is provided, ReloAdvisor reserves the right to deny the User access to the system/App. ReloAdvisor can never be held liable for shortcomings as a result of providing incorrect or incomplete data.
3.9. When activating the account, the User provides ReloAdvisor with their name, address, date of birth, a working phone number, gender, as well as an active email address.
3.10. When activating the account, the User is to use a valid personal email address that is readily accessed. If an account is activated with someone else’s email address or with another email address, ReloAdvisor reserves the right to close these accounts without notification and to demand revalidation of the account if ReloAdvisor believes an invalid email address has been used.
3.11. Termination of the account by the User takes place in the way described in the system/App.
Article 4. Rights and duties
4.1. ReloAdvisor reserves the right to, at its discretion, limit, reject or terminate a User’s access to the system/ App, or any part of therein, at any time and without previous notification.
4.2. ReloAdvisor does not guarantee that the contents of the Applications are correct, updated, complete and reliable, that the App works without interruptions and in a timely manner and complies with the User’s requirements and does not contain any defects or errors.
4.3. ReloAdvisor can change these Conditions at any time. The changed Conditions are effective from the moment they are posted. By visiting or using the Applications after the changed Conditions have been posted, the User is considered to have accepted these changes. It is recommended that the User read the applicable Conditions on a regular basis.
4.4. ReloAdvisor reserves the right to stop the Applications or apply changes and updates to the technical aspects, the contents, or other parts of the Applications at any time and without advanced notification.
4.5. The User guarantees that all information they provide to ReloAdvisor, which originates from or is related to these Conditions, is true, complete and correct.
4.6. The User agrees to inform the Partners immediately with any and all changes related to the accuracy of the information the User initially provided to the Partner.
4.7. The User must not impede or bypass the Applications security nor spread spam, viruses, malware or other inappropriate or criminal messages or information via the ReloAdvisor applications.
4.8. The Applications may contain links to internet websites and information of third parties. ReloAdvisor is not responsible for the contents, appropriateness, accuracy, completeness and safety of these websites and information, or the use of these websites and information. ReloAdvisor’s policy does not apply to processing the User’s personal data via the websites of third parties.
4.9. Under no circumstances is ReloAdvisor responsible for any direct, indirect or consequential damage, fines or special, incidental or other damage resulting from or related to, though not limited to, access, use, or impossibility to access or use the App or its contents even if ReloAdvisor is informed of the possibility of such damage, except and as far as such damage directly and exclusively originates from intent or gross negligence by ReloAdvisor or its subordinates, and/or if caused by circumstances that ReloAdvisor could be held accountable for based on mandatory provisions.
4.10. ReloAdvisor is not responsible for damage as a consequence of the Applications’ unavailability as a result of force majeure or technical interruptions.
4.11. If and as far as any liability of ReloAdvisor occurs, it is explicitly limited to the amount of the present case, covered by the liability insurance and eligible for compensation/payment.
4.12. In case of force majeure on ReloAdvisor’s side, ReloAdvisor is free to choose the execution of the services and postpone the Use of the Applications without being held liable to compensate damages.
4.13. If the User lives in a country or state that rejects the aforementioned exclusions or limited liability stated in this provision, and the choice of law in these Conditions is not applicable, such exclusions and limitations will not be applicable. In such case, the exclusion or limitation is limited to the maximum extent allowed according to the applicable law.
Article 5. Privacy and data protection
5.1. ReloAdvisor respects the User’s privacy and ensures that the personal information is treated confidentially and made available only to intended parties who support ReloAdvisor to perform the agreement or realise its goals. ReloAdvisor uses a Cookie Policy and a Privacy Statement. The User can find these documents in the Applications.
5.2. Processing personal data is part of the General Data Protection Regulation (GDPR), which the European Union uses to protect personal data and the privacy of citizens. By registering the account and approving the Conditions, the User authorizes ReloAdvisor to collect and process its personal data. In accordance with the GDPR, the User has the right to view, correct or remove data, as well as other rights related to the use of their personal data.
5.3. ReloAdvisor’s Privacy Statement specifies the processing system used and the goals that are intended when collecting personal data. ReloAdvisor uses the data provided by the Users to process requests and deliver the services that it offers.
Article 6. Intellectual property right and User content
6.1. The Intellectual Property Rights with regard to the Applications of ReloAdvisor, the relevant services and software, as well as all information and images, belong to ReloAdvisor and/or its licensors. These may not be copied or used without separate written authorization from ReloAdvisor, except in such cases as it is legally allowed.
6.2. No part of these Conditions is intended to transfer any Intellectual Property Rights to the User. The User is allowed to Use the Applications, but this Use is limited to what is described in the Conditions. The User may not violate the Intellectual Property Rights of ReloAdvisor and/or its licensors.
6.3. ReloAdvisor herewith provides the User a non-exclusive and non-transferable user right for the duration of services in correspondence with article 4 of these Conditions to use the Applications in correspondence with the present Conditions.
6.4. ReloAdvisor is entitled to provide or revoke this user right, as intended in the previous provision, if User has not complied with its commitments in correspondence with the Conditions.
6.5. Information, including data, that the User saves or processes in the Applications is, and remains, property of the User. ReloAdvisor has a user right to use this information for the current and future services that ReloAdvisor delivers via the Applications.
6.6. If the User sends ReloAdvisor information, for example feedback about an error or a suggestion for improvement, User grants ReloAdvisor an unlimited and eternal user right to use this information for the Applications. This does not apply to information the User explicitly marks as confidential.
6.7. ReloAdvisor reserves all rights and authority based on the Dutch Copyright Law and other international intellectual laws and legislation. ReloAdvisor is entitled to use the information it receives to perform an assignment for other goals as well, as far as it does not release confidential information of the Users to third parties and Partners.
6.8. User content that the User offers, including posting reviews – irrespective of the way in which the user content is offered – may not break the law or legislations, may not violate the rights of third parties or may not be defamatory and/or unlawful towards ReloAdvisor, the Partners and/or third parties.
6.9. In case of – in the view of ReloAdvisor – a violation by the User of matters described in provisions 1, 2 and 8, the User is liable for any damage, such as damage originating from the violation of intellectual property rights or the goodwill and good name of ReloAdvisor.
Article 7. Applicable law and competent court
7.1. All legal relationships between the Parties that these Conditions apply to, are governed by Dutch law.
7.2. Any disputes between Potential Partners, Partners and Users, also if these originate from the proper or improper Use of the applications, are not part of these Conditions and can never lead to liability on the part of ReloAdvisor.
7.3. Possible disputes originating as a result of these Conditions will, as far as the imperative law does not describe differently, first be submitted to the competent court of Rotterdam, the Netherlands.