Article 1. Website content

1.1 Kwoodle publishes on this website texts, images and other materials that originate with Kwoodle and third parties. You may read, download and print these materials for your own personal or business use.

1.2 Except as provided in 1.1, any copying, distribution and any other use of these materials is prohibited without prior written permission of Kwoodle, except and to the extent permitted by mandatory provisions of law.

1.3 These materials are for informational purposes only and are offered AS-IS without warranty of any kind, including but not limited to warranties of accuracy, merchantability or fitness for any particular purpose.

1.4 Some of the materials relate or refer to offers for commercial transactions. Kwoodle is not a party in any such transactions and will not mediate or decide any disputes that may result from such transactions. You enter into any such transactions at your own risk and responsibility. Kwoodle cannot guarantee that any transaction you enter into is legal in all applicable jurisdictions. For example, import or export regulations in particular may limit your ability to execute a transaction or impose fees. Kwoodle does not and cannot provide advice on such limitations or other legal restrictions that may apply. Kwoodle recommends that you seek legal advice before engaging in any transaction.

1.5 Kwoodle may change the offered materials at any time without prior notice.

1.6 Using automated processes, spiders or other software tools to request all or a substantial part of the website within a short period of time is prohibited because doing so negatively affects the performance of the website for others.

Article 2. Registration on the website

2.1 To publish anything on the website you must first register yourself. Kwoodle is entitled to refuse your registration without motivation.

2.2 You must provide a working e-mail address during registration.

2.3 If your registration is accepted, Kwoodle will enable you to log in using a username and password. It is your responsibility to keep the password private from others. Kwoodle is not responsible for any misuse of the password and may assume that anything that occurs using your username is under your supervision and risk.

2.4 Kwoodle will strive to provide you with reasonable support in your usage of the website but cannot make any guarantees about accuracy or completeness of any information provided.

Article 3. Publications on the website

3.1 On the website you can publish information such as requests for purchases, supplier contact information and information about trips you intend to undertake. You are free to decide which information you want to publish and when (subject to the rules below). However you are not entitled to any consideration for any publication on the website.

3.2 You represent that information you publish is accurate to the best of your knowledge. You may not intentionally add false information, or change or remove existing information without good reason.

3.3 Publications may not be defamatory, obscene, offensive, racist or otherwise unlawful. Publications may not contain violate laws about unsolicited commercial offers, chain letters, multi-level marketing or pyramid schemes. In addition, publications may not solicit or describe illegal activities, for example where to buy or sell illegal drugs or how to smuggle goods into or out of a country.

3.4 Publications may not violate the rights of third parties and in particular may not link to images on third-party servers without the permission of the copyright holders.

3.5 Publications may not misrepresent, circumvent or manipulate the Kwoodle fee structure, billing process or fees owed to Kwoodle. In publications you may not falsely represent yourself as representative of Kwoodle. You may not include contact information in your publications on Kwoodle except in the locations designed for that purpose by Kwoodle. You may not solicit others to directly contact you for transactions.

3.6 Kwoodle may block, adapt or remove any publication by you if Kwoodle, at its sole discretion, determines that such publication is likely to be unlawful or in violation of these terms of use. Kwoodle does not need to consult or inform you in such a case. Kwoodle is not liable for any damages you may suffer as a result of its actions under this article.

3.7 In case of illegal activities Kwoodle may release any and all identifying information about you to the authorities.

3.8 You agree to fully indemnify Kwoodle for any third-party claims alleging that your publications on the website violate their rights or otherwise are unlawful.

Article 4. License to Kwoodle

4.1 By publishing information on the website, you warrant that you fully own all rights to this information and that you are permitted to grant the license requested below without any obligations or restrictions on the part of Kwoodle.

4.2 You retain the full copyright on information you publish on the website. You hereby grant Kwoodle a non-exclusive license to publish these materials on the website in any way Kwoodle sees fit, including inclusion in search results. This license includes the right to adapt these materials. While Kwoodle will strive to publish your name in connection with these materials if reasonably practical, you waive any claim to demand acknowledgment on the website as author.

4.3 You authorize Kwoodle to take legal action against third parties in case of publication of your materials in the form in which they have been published on the website.

4.4 In case you publish third-party information on the website, you warrant that the third party has granted permission for this publication on the website or that your publication falls under a legal exception such as fair use or the right to quote. In any case you must identify the source of third-party information when you publish it.

Article 5. Processing of personal data

5.1 Kwoodle respects the privacy of all users of the website and has taken steps to ensure that personal data is processed in compliance with the Dutch Data Protection Act (‘Wet Bescherming Persoonsgegevens’). Kwoodle will not provide personal data to third parties unless indicated otherwise in these terms of use. You hereby grant Kwoodle permission to use your personal data for any purpose as documented in the Privacy Policy as published on the website.

5.2 You can withdraw your permission at any time. Your username and account will be canceled and your personal data will be removed from Kwoodle’s files, unless continued use is necessary for Kwoodle’s business purposes or is required by law. Kwoodle will remove your publications from the website upon cancellation.

5.3 You have a right to inspect and correct your personal data. Please contact Kwoodle using the address above.

Article 6. Fees

6.1 Use of the website and registering yourself is free of charge, as is the addition of contact details, the publication of a trip or a request for purchase.

6.2 Fees are due if you reply to a request for purchase or if you initiate contact with someone who posted a request.

6.3 The applicable fees are published in a fee schedule on the website. The schedule may change from time to time. Kwoodle will give 30 days advance notice before changing the fee schedule.

6.4 Kwoodle may at any time temporarily change fees for promotional events or new services. Such temporary fees are valid only for the indicated duration.

6.5 You must pay all fees due to Kwoodle within 30 days of the date Kwoodle notifies you they are due. If you do not pay within this term, you are in default automatically and you will owe legal interest over the outstanding balance, payable on a monthly basis. Furthermore, you must pay any costs, fees and expenses incurred in connection with the collection of the debt, including any legal fees.

6.6 A supplier may buy credits in advance and use these to pay fees when necessary. These credits can only be used to pay for services provided by Kwoodle. Credits are valid indefinitely, but no refund is possible.

6.7 Kwoodle may under certain circumstances award bonus credits to a supplier. Such bonus credits may have limited validity, as indicated by Kwoodle upon their awarding.

6.8 All fees are in US dollars unless stated otherwise and include VAT but not other government charges that may be due. Kwoodle will strive to identify such charges if it becomes aware of them.

Article 7. Maintenance

7.1 Kwoodle may temporarily disable access to the website or parts therefor for the purposes of maintenance or upgrades to the website and related systems. Kwoodle cannot be held liable for any damages that may result from your inability to use the website during maintenance or upgrades.

7.2 Kwoodle may adapt the website and associated hard- and software to correct errors and to improve the functionality. Kwoodle cannot be held liable for any damages that may result from any adaptation.

7.3 In case of force majeure, which includes but is not limited to communications, power failure, riot, insurrection, labor disputes, accident, action of government, restrictions on import and/or export or any inability to perform which is caused by Kwoodle’s suppliers, Kwoodle is entitled to suspend its obligations under these terms of use or to terminate this agreement in its entirety, without any obligation to compensate you for any damages you may suffer as a result.

Article 8. Liability

8.1 Kwoodle is not liable for any indirect damages, including consequential damages, loss of income or profits, loss of data or special damages suffered by you or others. This includes (without limitation) any claims, fees or taxes imposed upon you as a result of a transaction or other activity initiated through Kwoodle.

8.2 Any liability for Kwoodle concerning direct damages suffered by you, regardless of cause, shall be limited to the fees paid by you in connection with the event(s) or 10 euro (excluding VAT) per event or series of related events.

8.3 You indemnify Kwoodle for any claims by any third party regarding damages, costs or interest in connection with this agreement.

8.4 Clauses 8.1 and 8.2 do not apply in case of intent or recklessness on the part of Kwoodle.

Article 9. Duration and termination

9.1 These terms of use are entered for an indefinite period of time. Both you and Kwoodle may terminate this agreement at any time. You do not have to provide prior notice. Kwoodle has to give 30 days’ notice except when Kwoodle terminates the agreement for your violation of these terms. After termination by either party, you may no longer use the website.

9.2 Articles 4 and 8 shall survive termination of this agreement for as long as Kwoodle reasonably can claim rights under these articles.

9.3 Kwoodle is entitled to suspend its obligations towards you in case of a reasonable suspicion that you act in any way that is in violation of these terms, without any right of compensation for you.

Article 10. Adaptation of these terms

10.1 Kwoodle has the right to adapt these terms or to provide additional terms at any time. Such adapted or additional terms shall enter into force 14 days after publication thereof on the website. Minor adaptations shall enter into force upon publication.

10.2 If you do not want to accept an adapted or additional term, you must terminate this agreement within these 14 days. By using the website after these 14 days, you indicate your acceptance of these new terms.

10.3 Any terms, conditions or exceptions provided by you are binding upon Kwoodle only if explicitly agreed upon in writing.

10.4 Kwoodle is entitled to transfer this agreement and any of its rights and obligations to any third party in case of a sale or other transfer of the website.

Article 11. Miscellaneous

11.1 Dutch law applies to this agreement.

11.2 Unless prescribed otherwise by mandatory provisions of law, all conflicts arising out of this agreement shall be brought before the competent Dutch court.

11.3 In case any part of this agreement is held to be invalid, void or unenforceable for any reason, such invalidity shall not affect the rest of this agreement. The parties shall in such a case determine (a) replacement provision(s) that most closely approximates the clause concerned and which is legal under applicable law.

11.4 Any requirement for a “written” statement can be fulfilled by using e-mail, provided the identity and integrity of such e-mail can be determined with sufficient certainty.

11.5 If you send any message to Kwoodle, the version of such message stored by Kwoodle shall be regarded as authentic unless you can prove otherwise.