Mr A. Yasar, trading as Caynac.com, is registered with the Chamber of Commerce under number 76002136 and is located at Paardenkamp 32, 3751 JR in Bunschoten-Spakenburg, hereinafter referred to as Caynac.com.
Article 1 General
- In these general terms and conditions, the terms below are defined as follows, unless explicitly stated otherwise.
- Offer: any offer or quotation to the User for the provision of Services by Caynac.com.
- Advertisement: the offer of a User to another User without stating company data, telephone number and contact person.
4.Caynac.com: the service provider offering Services.
- Services: the provision of the Website, which brings together supply and demand from Users.
- User: a natural person in the performance of a profession or business, or a legal person being a company that makes use of the Website and/or enters into an Agreement with Caynac.com.
- Agreement: any Agreement and other obligations between the User and Caynac.com, as well as proposals from Caynac.com for Services provided by Caynac.com to the User that are accepted by the User and have been accepted and executed by Caynac.com.
- Website: the website provided by Caynac.com for the benefit of the User: CAYNAC.COM.
Article 2 Applicability
- These general terms and conditions cannot be departed from.
- The general terms and conditions of the User in the performance of a profession or business are excluded.
- Caynac.com treats the (personal) data of Users with due care. Processing of personal data will only take place with respect to the implementation of Caynac.com’s services. Caynac.com will not process the personal information for any other purpose and never keep it longer than necessary. More information can be found in the Privacy Statement of Caynac.com.
- In principle, the Caynac.com Website is not accessible to minors, unless the minor (aged 16 or older) can demonstrate that the minor has written permission from a parent and/or legal guardian showing that the minor is allowed to perform the act in question independently, unless the performance of the act in question is customary in society without written permission.
- As a provider of the Website, Caynac.com is not a contracting party to the agreement that may be concluded between Users.
- Caynac.com has no control over, and shall not in any way guarantee the quality, suitability, completeness, accuracy, (il)legality, ratings and/or reviews of the Advertisements, or the User who placed the relevant Advertisement. Caynac.com points out that each User has an independent duty to investigate whether the displayed Advertisement(s) complies/comply with the above. Any images accompanying the Advertisement are for display purposes only. A User cannot derive any rights from these image(s), and cannot be considered as an approved image by Caynac.com.
- The content of posted advertisements or parts thereof may be displayed on other websites, applications, emails, social media and in other online and offline advertisements.
- The Website may contain links to third-party websites. Other cookies and/or privacy statements may apply to the websites of third parties. Caynac.com is not responsible or liable for the availability or accuracy of the (content of the) websites of third parties. A link on the Website to a third party cannot be considered as an endorsement by Caynac.com of the (services of) the third party.
- The User is not permitted to transfer the Agreement to a third party, unless expressly agreed otherwise in writing.
Article 3 The Offer
- All offers made by Caynac.com are without obligation, unless otherwise expressly stated in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
- Caynac.com is only bound by an Offer if the User agrees to the Offer in accordance with article 4 paragraph 1 of these terms and conditions.
- The Offer comprises a description of the Services offered. The description is sufficiently specified to enable the User to make a proper assessment of the Offer. Any information contained in the Offer is only an indication and cannot be a reason for any damages or the dissolution of the Agreement.
- Offers or quotations do not automatically apply to follow-up orders.
- Delivery periods in Caynac.com’s offer are in principle indicative and do not entitle the User to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
Article 4 Conclusion of the Agreement
- The Agreement is concluded from the moment that the User has accepted an Offer or Agreement from Caynac.com by uploading an Advertisement within the account and Caynac.com confirms the Agreement by placing the Advertisement on the Website, or has received payment from the User.
- An acceptance of the Offer by the User only binds Caynac.com if Caynac.com has explicitly and unambiguously confirmed the acceptance by e-mail within 14 days after receipt of the acceptance.
- If Caynac.com does not provide a confirmation, no Agreement will be concluded. The User is at all times free to upload a new Advertisement.
- Caynac.com is not bound by an Offer if the User could reasonably have expected or should have understood or could have understood that the Offer contains an obvious mistake or error. The User cannot derive any rights from this mistake or error.
- Any Agreement entered into with Caynac.com is vested with the company and not with any individual connected with Caynac.com.
- If the Agreement is entered into by more than one User, each User will be severally liable for the fulfilment of all obligations arising from the Agreement.
Article 5 Duration of the Agreement
- The Agreement is entered into for 12 (calendar) months unless expressly agreed otherwise.
- The Agreement ends automatically as soon as the agreed term for the Advertising Space has expired, or if the User removes the Advertisement by himself.
Please note: you still want to notify the customer.
It is in your interest to organise the subscriptions in a way that they are automatically renewed for another year UNLESS the user cancels one month prior to the expiration of the period. There is no legal obligation to notify the user about this (but it is the proper thing to do).
- During the term of the Agreement, the User may extend the Agreement. The User must submit a request to that effect via the Account before the term of the Advertising Space expires, after which a new Agreement must be concluded.
- Both the User and Caynac.com can dissolve the Agreement on the grounds of an attributable failure to comply with the Agreement if the other party has been declared in default in writing and has been given a reasonable period of time to comply with his obligations and he still fails to comply properly at such time. This also applies to the User’s payment and cooperation obligations.
- The dissolution of the Agreement does not affect the payment obligations of the User to the extent that, at the time of the dissolution, Caynac.com has already performed work or delivered a performance. The User must pay the agreed fee.
- In the event of premature termination of the Agreement, the User will not be entitled to a refund of amounts already paid.
- Both the User and Caynac.com can terminate the Agreement in writing with immediate effect, in whole or in part, without further notice of default, in the event that one of the parties is in suspension of payment, bankruptcy is applied for or the company in question is liquidated. If any such situation occurs, Caynac.com is not in any event obliged to refund any amounts already received and/or any compensation.
Article 6 Use of the Website
- Caynac.com may impose further restrictions or conditions on access to and the use of certain parts or features of the Website such as, but not limited to, creating an account, completing a verification process and meeting specific quality or suitability criteria.
- The verification process with regard to Users is not watertight. Nevertheless, Caynac.com will take all reasonable steps that can be expected of it with respect to the verification process. A User may be required to provide some form of (government) identification or other information in this regard. Caynac.com also has the right to screen Users on the basis of public records of criminal convictions (if available).
- Users are not permitted to copy the (content) of the Website and/or to reproduce, disclose or modify it to other sites without prior written permission from Caynac.com. This also includes the content of the Advertisements.
4. The (content of) the Website and Advertisements may be protected by intellectual property rights and/or trademarks. By using the Website, each User agrees that the intellectual property rights are vested in Caynac.com and/or the User who placed the Advertisement.
The User is expressly not allowed to infringe the intellectual property rights of Caynac.com and third parties, as well as the good name of Caynac.com. All intellectual property rights and copyrights of the Website, including the graphic designs, ideas and so on are vested exclusively in Caynac.com and are expressly not transferred to the User. A User is prohibited from using, modifying, copying, licensing, selling, or otherwise operating the content. A User has only a limited right to use the Website.
- Furthermore, the User is not permitted to process, collect or otherwise use the (personal) data of Users who have placed an Advertisement on the Website for the purpose of acquiring or offering their own services or products.
- The User ensures that all data, of which Caynac.com indicates that it is necessary or of which the User should reasonably understands that it is necessary for the access and/or use of the Website.
- Caynac.com is not liable for damage of any nature whatsoever arising from Caynac.com based on inaccurate and/or incomplete information provided by the user, unless such inaccuracy or incompleteness was known to Caynac.com.
- A User has access to the information as published and displayed on the Website. The User is at all times personally responsible for all data and information he places on the Website or in his account. If the User suspects that the information provided by him is incorrect or incomplete, the User will inform Caynac.com immediately and still supply the correct information. The User must keep his own data up to date and can adjust his data in his own account for that purpose.
- Caynac.com is entitled to modify (parts of) the Website, as well as its Services. The User will be informed of any changes in a timely manner.
Article 7 The account
- Each User must create an account by completing and downloading the appropriate registration form for the purpose of accessing and using certain features of the Website, such as publishing or viewing an Advertisement. For each User, the person executing the registration declares and guarantees that he/she has the authority to legally bind the User’s company and provides all necessary permissions and licenses to Caynac.com that are necessary for the proper execution of the Agreement.
- The account can be registered with an email address and a password.
- The User is obliged to provide accurate and complete information during account registration and to keep the account up to date at all times.
- Each User may register only one account unless expressly agreed otherwise in writing. The account is personal and may not be transferred.
- The User is responsible for his or her 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 possibly unauthorised use of the account, the User must contact Caynac.com immediately. The User is liable for all activities carried out through their own account, unless the User can prove that he has not been negligent (failure to report unauthorised use or loss of login details).
- A User can perform actions on the Website only after the account has been created.
Article 8 Placing an advertisement
- Caynac.com will place the Advertisement provided by the User in the agreed upon manner.
- The agreed placement date is an indication and never a deadline, unless the parties have explicitly agreed otherwise in writing.
- Caynac.com will apply due care with regard to placement of the Advertisement. In the event of any errors/defects and/or unsuitability of material and/or Advertisement, Caynac.com will inform the User immediately by e-mail or telephone.
- Caynac.com has the right at any time not to place the Advertisement, if:
- the contents of the Advertisement, to the discretion of Caynac.com, conflicts with the contents of these general terms and conditions, more specifically when the Advertisement contains information about the User and/or applicable laws and regulations.
- the data carrier on which the Material is supplied is defective or unserviceable, or the Material itself is not suitable for installation;
- technical problems occur when placing the Advertisement;
- the Advertisement has led to complaints from Users or visitors to the Website at an earlier placement;
- in the sole judgment of Caynac.com, the Advertisement does not fit the nature and scope of other Advertisements;
- the Advertisement does not, in the sole judgment of Caynac.com, fit the image of Caynac.com.
- Caynac.com is not responsible for the success or failure of the User’s ad, nor for the actual exposure of the ad.
- Each User is independently responsible for all content that the User provides on or via the Website. By placing information on the Website, the User guarantees that he/she is the owner of all data that he/she publishes, or is authorised/qualified to publish/disclose such information on the Website. The User guarantees that all information and/or data that he publishes via the Website does not infringe the intellectual property rights of any third party, or violate any applicable law/regulations.
- Further to this, any User is prohibited from uploading an Advertisement, posting comments or otherwise publishing and/or distributing content on the Website in violation of Dutch laws and regulations, including in any case: data without the permission of the copyright owner, defamatory information or information that insults, intimidates, defames, discriminates, threatens, is racist in nature, violent, spreading hatred, offensive, obscene, and information that contains child pornography or otherwise punishable pornography. Also information that violates the privacy of third parties (also 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 can damage the internet or e-mail traffic of third parties or the Website. Caynac.com may remove the posted content, which contains one or more of the aforementioned content. Caynac.com will inform the relevant User who placed the content.
Caynac.com respects the copyright of third parties and expects the Users of the Website to do the same.
- Each User agrees, by uploading, publishing or otherwise providing information and/or data to third parties via the Website, that the User provides a free, non-exclusive, worldwide, sub-licensable and transferable (user) licence for the relevant content for the purpose of the operating and commercialisation rights. This means, but is not limited to, Caynac.com’s right to use, copy, publish, modify and share and/or promote (parts of) the content for the benefit of the Website on the Internet and/or (social media) channels.
- If a User in the performance of a profession or business offers a product through an Advertisement, the User is required to (i) state the full price, including all unavoidable costs and (ii) show the price excluding VAT.
- If the User suspects that the information provided by him is incorrect or incomplete, the User will inform Caynac.com immediately and leave the correct information and/or rectify any defects himself.
- Caynac.com is not liable for damage caused by complications in connection with the availability or operation of information from third parties, nor for damage resulting from use of the Website in violation of conditions or for purposes other than those for which the Website is intended.
Article 9 Suspension and dissolution of the Advertisement
- Caynac.com has the right to suspend the User’s Advertisement (and/or its other Services) if the User has not, not timely or not fully complied with its payment obligation, the content of the Advertisement violates these Terms, or the Advertisement is misleading or otherwise causes damage to other Users or third parties.
- The right of revocation is excluded for the User in the performance of a profession or business.
Article 10 Execution of Services
- Caynac.com will endeavour to perform the agreed Service with the utmost care as may be required of a proper and professional service provider. All Services are performed on the basis of a best-efforts obligation, unless explicitly and in writing a result has been agreed which is defined in detail.
- Caynac.com is entitled to change the content, form and/or format of Advertisements to the extent deemed necessary by Caynac.com at its sole discretion and in all reasonableness. Such a change or deviation does not entitle the User to compensation or (partial) restitution of the compensation due by the User to Caynac.com under the Agreement for the Advertisement in question, unless explicitly agreed upon otherwise.
- The Agreement on the basis of which Caynac.com performs the Services determines the scope and extent of the Services. The Agreement will only be executed on behalf of the User. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
- In the execution of the Services, Caynac.com is not obliged or bound to follow the instructions of the User if this changes the content or scope of the agreed Services. If the instructions result in further work for Caynac.com, the User is obliged to reimburse the additional costs accordingly on the basis of a new Agreement.
- Caynac.com is entitled to use third parties to perform the Services at its sole discretion.
- The performance of the Services is based on the information provided by the User. If the information needs to be changed, this may have consequences for a possible established planning. Caynac.com is never liable for the adjustment of the planning. If the start, progress or delivery of the Services is delayed because, for example, the User has not provided all requested information or has not provided it on time, or has not provided it in the desired format, provides insufficient cooperation, any advance payment has not been received on time by Caynac.com, or there is a delay due to other circumstances that are at the expense and risk of the User, Caynac.com is entitled to a reasonable extension of the delivery period. All damage and additional costs as a result of delay due to a cause mentioned above are at the expense and risk of the User.
Article 11 User’s obligations
- The User is obliged to provide all information requested by Caynac.com as well as relevant appendices and related information and data in a timely manner and/or before commencement of the work and in the desired form for a correct and efficient execution of the Agreement. In the absence of such information and data, Caynac.com may not be able to achieve a full execution of the Services. The consequences of such a situation are at all times at the expense and risk of the User.
- Caynac.com is not obliged to verify the accuracy and/or completeness of the information provided to it or to update the User with respect to the information if it has changed over time, nor is Caynac.com responsible for the accuracy and completeness of the information compiled by Caynac.com for third parties and/or provided to third parties under the Agreement.
- Caynac.com may request additional information if necessary for the execution of the Agreement. Failing this, Caynac.com is entitled to suspend its work until the information is received, without being liable to pay any compensation for damage of any kind to the User. In case of changed circumstances, the User must notify Caynac.com immediately, i.e. no later than 3 working days after the change was made known.
Article 12 Notice and Takedown
- In case of (possible) criminal acts, Caynac.com is obliged to report this and to hand over the information provided by the User to the competent authorities, as well as to carry out all actions required of Caynac.com with respect to the investigation. Caynac.com has the right to deny the User access to the Website and/or terminate the use of the Website.
- 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 expense and risk of the User.
- The User is responsible for the proper security of the (mobile) device on which he uses the Website, as well as for the security and confidentiality of his own login details.
- In the event of and to the extent that there is an infringement on the rights of Caynac.com or third parties and/or unlawful actions by the User, Caynac.com is also entitled to remove the User’s account or otherwise place restrictions on the use of the User’s account, such as restricting or disabling the placement of Advertisements, comments and more. Caynac.com will immediately remove any infringing/harmful information. Under no circumstances is Caynac.com liable for any damage suffered by the User, of any nature whatsoever as a result of the actions of the User.
- Each User can report instructions and/or complaints to Caynac.com about infringing or illegal Advertisements, or complaints about other Users. A report can be made via firstname.lastname@example.org.
- Caynac.com is not responsible if a User transfers money to another User for a product offered by the User, and the product and/or User turns out not to be genuine. Caynac.com reminds each User that it is up to each User to verify that the Advertisement is legitimate, or whether it is possibly a misleading Advertisement, or whether it is in any other way a fraud. Caynac.com refers you to the website www.politie.nl. The page that explains how to recognise a scammer.
Article 13 Website availability
- Caynac.com does not guarantee that the Services will always meet pre-established expectations. Caynac.com makes every effort to offer (the access to) the Website to the User as much as possible, uninterrupted, but does not guarantee the full availability of the Website at all times. Caynac.com is entitled if and to the extent that in its opinion there is a risk for the flawless performance of the Website, to suspend the use of the Website. Caynac.com is moreover entitled to take all measures it reasonably considers necessary to ensure the effective performance of the Website.
- Caynac.com is not responsible for (re)disruptions of the Internet, telecommunications infrastructure beyond Caynac.com’s control and which may lead to interruptions in the availability of the Website. Caynac.com may, temporarily and subject to the legitimate interests of Users, limit the availability of the Website if Caynac.com deems it necessary in view of any capacity limits, the security/integrity of Caynac.com’s servers, or to perform maintenance on the Website. Caynac.com is entitled to perform maintenance on the Website and may introduce new features and functionality. Caynac.com will inform the Users as much as possible of any changes to the Website, unless such changes are small to the extent that they do not materially affect any contractual obligations.
- Caynac.com has no responsibility over and/or control of the sale of the products offered by the Users, and does not guarantee the quality of the offered products, the authority of a User to sell the service or product, nor the accuracy and completeness of the information offered. Each User has an independent obligation to investigate the product or service offered by another User through the Advertisement. All information and numbers displayed on the Website are subject to spelling or typing errors. Caynac.com is not in any event liable if the service or product does not meet the expectations of a User.
Article 14 Payment and collection policy
- The User is obliged to pay the costs of the Services at the time of purchase on a prepayment basis.
- The User must pay these costs at once, without settlement or suspension, within the specified payment term as stated on the invoice to the account number and details of Caynac.com supplies.
- If the User does not fulfil his payment obligation and has not fulfilled his obligation within the set term of payment, the User shall be in default by operation of law. From the date that the User is in default, Caynac.com shall be entitled, without further notice of default being required, to statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs in accordance with Book 6, Section 96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decree on compensation for extrajudicial collection costs of 1 July 2012.
- If Caynac.com has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The integral judicial and execution costs incurred are also for the account of the Customer.
Article 15 Limitation of Liability
- Caynac.com is not liable when, as a result of a force-majeure situation, it can not fulfil its obligations, nor can it be held to fulfil any obligation if it is thereto impeded as a result of a circumstance that is not due to its fault, and is neither for its account under the law, a legal act or generally accepted views. Force majeure means, but is not limited to the relevant provisions in the law and jurisprudence, (i) force majeure of suppliers of Caynac.com, (ii) failure to properly fulfil obligations of suppliers, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at Caynac.com’s company and (xi) other situations that, in the opinion of Caynac.com, fall outside its sphere of influence that temporarily or permanently prevent the fulfilment of its obligations.
- If and to the extent this is not prevented by any statutory provision, Caynac.com excludes all liability for damage suffered by the User based on (i) the use of Caynac.com’s Services, (ii) the sale of the services or products of (other) Users through the Website, (iii) the non-availability or incomplete or secure availability of the Website, (iv) changes in, to or on the Website or Services of Caynac.com and (v) any incorrect and/or incomplete information on the Website.
3.Caynac.com excludes all consequential damages.
- If and insofar as Caynac.com appears to be liable, its liability is limited to the maximum amount paid by the User to Caynac.com under the Agreement, but not more than one year (12 months) prior to the event causing the damage, at least up to a maximum amount of 250 euros.
- All claims of the User on the part of Caynac.com for failure to act shall be cancelled if they are not reported to Caynac.com in writing and with substantial evidence within one year after the User was aware or could reasonably be aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, Caynac.com’s liability expires.
Article 16 Indemnity
The User indemnifies Caynac.com against claims from third parties regarding damage suffered by them based on (i) the use of the services or products of the User, (ii) the use of Caynac.com Services, (iii) the unlawful content of the Advertisement and/or the offered products (iv) the conclusion of an agreement based on an Advertisement.
Article 17 Complaints
- If a User is not satisfied with the Services of Caynac.com, the Customer is obliged to report these complaints as soon as possible, and no later than within 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported verbally or in writing via email@example.com with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the User if Caynac.com is to be able to handle the complaint.
- Caynac.com will respond as soon as possible, and no later than 7 calendar days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 18 Changes to the conditions of use
Caynac.com is free to modify (parts of) the Website, as well as the content of its Services and these terms and conditions. The amended terms and conditions will be published on the Website with the last updated date. The User will also receive an e-mail with the changes 30 days prior to the moment the amended terms and conditions take effect. If the User does not agree with the content of the amendments, the User may terminate the Agreement immediately. The User will receive a further e-mail about how to terminate the Agreement. If the User does not reject or object in any other way before the date on which the amendments take effect, or if the Agreement is terminated, the User agrees to the amended terms and conditions. Even if the User uses the Website from the date on which the amendments take effect, the User will be deemed to have accepted the amended terms and conditions.
Article 19 Applicable law
- The legal relationship between Caynac.com and the Customer, and Caynac.com and the User, is governed by Dutch law.
- All disputes arising from or as a result of the agreement between Caynac.com and the Customer, or through the use of the Website by the User, will be settled by the competent court of the District Court of Midden-Nederland, Amersfoort location, unless provisions of mandatory law designate another competent court.
Bunschoten-Spakenburg, 29 May 2020