General conditions

These are the general terms and conditions of homeup B.V. ("homeup"), a company with address Arlandaweg 92, 1043 EX Amsterdam. homeup is registered with the Chamber of Commerce under number 83335250.

1. Applicability

  1. These terms and conditions apply to all services provided by homeup, to any agreement concluded between homeup and a User (as defined below) of our website homeup.nl (the "Website") and to all legal relationships and (legal) acts resulting therefrom.
  2. By using the Website and homeup's services, you accept to be bound by these terms and conditions.
  3. "Users" means all natural persons and all persons acting from profession or business who visit the Website, log into the Website, and/or use, share and/or post information provided on the Website.
  4. homeup will send the general terms and conditions free of charge upon request. The general terms and conditions are also available at homeup.nl.
  5. The above definitions are used in these terms and conditions in both singular and plural.

2. homeup

homeup provides an online platform where home sellers and home seekers interact. Through homeup's platform, sellers can sell their homes to house seekers, who consist solely of starters in the housing market. The ultimate goal is to help as many first-time home buyers as possible find their first dream home. Also, homeup guides starters through the buying process. In doing so, we contribute to the solution of the social problem, which is that it is almost impossible for starters to get their first house.

3. Website usage

  1. User must comply with Dutch and other applicable laws or regulations when using the Website.
  2. User may not distribute the following through the Website:
    a. Plagiarism and/or previously published content;
    b. Pornographic videos, images or other media with erotic content;
    c. Texts or images that are offensive, racist, discriminatory or hateful;
    d. Unsolicited advertising (spam);
    e. False or misleading information; and/or
    f. Viruses, malware, spyware or other software intended to cause damage to our or other Users' computers.
  3. User may not create an account under someone else's name or otherwise impersonate someone else.
  4. User may not solicit other Users for commercial purposes other than for which the Website is intended.
  5. If User wishes to report another User abusing the Website, User may send a message to info@homeup.nl.
  6. Homeup reserves the right to modify or omit the information provided to User before it is made known to Users and/or published on the Website.

4. Account

  1. User must be at least 16 years old to create an account.
  2. User must shield their account login information from others.
  3. User must keep his password strictly confidential. homeup may assume that everything that happens on or with User's account is done by User or under User's supervision.
  4. If User thinks or knows that his account is being abused, User should report this to homeup as soon as possible. homeup will take appropriate measures in this case.
  5. The User is responsible for his behavior and any data, text, files, information, usernames, images, photos, profiles, graphic art, copyrighted works, links and other content or materials.
  6. User is solely responsible for the confidential data he provides to homeup or for the omission of confidential data.
  7. homeup is entitled to determine in its sole discretion whether an account will be provided.
  8. homeup has the right to modify or delete accounts, profiles, data and other information at any time. In addition, homeup has the right to deny Users access to the Website for a definite or indefinite period of time.
  9. If homeup believes that User violates the law or these Terms of Service, homeup may exclude User (in part) from the Website. homeup may, for example, exclude User from the Website by:
    a. deleting User's account; or
    b. blocking parts of the Website for User.

5. Rates and payment

  1. All prices used by homeup include VAT.
  2. Payment of invoices from homeup must be made within 14 days of the invoice date.
  3. In the event of non-payment or late payment, the User shall be in default by operation of law without notice of default. The User shall then owe statutory interest from the date on which payment became due until the day of payment in full, whereby interest on part of a month shall be calculated over an entire month.
  4. If a User is in default, for example because amounts due cannot be collected by homeup, homeup is entitled to cancel the account of the User in question.
  5. homeup is authorized to increase rates if:
    a. The case of legal price increases;
    b. Within three months after the formation of the agreement and this is the result of legal regulations or provisions; and/or
    c. From three months after the conclusion of the agreement, if the increase is not unreasonable.

6. Liability

  1. homeup is not a party to the agreements reached between Users and is therefore not responsible for the agreements between Users. In the event of a conflict, Users must resolve it themselves.
  2. homeup shall only be liable for direct damages caused by gross negligence or intent of homeup and up to the amount of the invoice amount or an amount of €5000, if the invoice amount exceeds €5000.
  3. homeup is not liable for damages that have resulted or may result from any act or omission as a result of the information on the Website or that of:
    a. linked websites, even if imperfect; and/or
    b. inaccuracies in the information made available by us.
  4. homeup is not responsible for errors and/or irregularities in the functionality of the Website and is not liable for breakdowns or unavailability of the Website for any duration due to other reasons.
  5. homeup takes all care for the security of data of Users and third parties that can reasonably be expected of homeup. homeup is not liable for loss of data or unauthorized access to data that arises despite the care taken by homeup. homeup is additionally not liable for loss of data or unauthorized access that arises in the transmission of data over public networks or in the use of third-party networks and systems.

7. Complaints

  1. Complaints submitted to homeup will be answered within a period of 14 days from the date of receipt.
  2. The right to (partial) restitution of the price or compensation shall lapse if the complaint is not reported within the stipulated period, unless a longer period results from the nature of the case.

8. Engagement of third parties

  1. homeup is entitled, where necessary, to engage third parties in the performance of its services. homeup is not obliged to inform User of this personally. Use of homeup's services implies that User authorizes homeup to accept any limitations of liability of third parties also on behalf of User.
  2. homeup takes the utmost care when engaging third parties. however, homeup is not liable for the acts or omissions of these engaged third parties, unless there is intent or gross negligence on the part of homeup.

9. Invalidity

If any provision of these general terms and conditions should prove to be void or non-binding, homeup and User shall remain bound by the remaining provisions of this deed. homeup shall replace the void or non-binding provision(s) by a provision which is binding and the purport of which is as far as possible the same as that of the provision(s) to be replaced, taking into account the purpose of these general terms and conditions.

10. Changes

homeup reserves the right at any time to unilaterally amend, supplement and/or modify these general terms and conditions without any obligation or notice to Users. The most current version of the general terms and conditions can be found on the Website. By visiting the Website the User is informed of the current general terms and conditions.

11. Other provisions

  1. homeup may make changes to the design or operation of the Website, including the underlying technical mechanisms, at any time.
  2. These general terms and conditions apply not only to homeup, but also to other persons who are or have been involved in using services or on whom any liability rests or might rest in connection therewith. This also applies to their legal successors under general title.

12. Applicable law and choice of forum.

  1. These general terms and conditions, and all non-contractual rights and obligations arising therefrom, are governed in all respects by Dutch law.
  2. All disputes between homeup and Users shall be settled in the first instance by the competent court of the District Court of Amsterdam.

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