Use of the Platform
Consumers are subject to the following conditions when using the website of VisitBrabant
The Platform www.visitbrabant.nl (hereinafter referred to as ‘the Platform’) is offered by VisitBrabant (a trade name of Stichting BRBNT). These conditions shall always apply to the use of the Platform. By using the Platform you indicate that you agree to these. Please read these carefully so that you will know what you can expect and what rules you will have to observe. Also read the privacy and cookies statement carefully, if you want to know how VisitBrabant takes care of your personal details. VisitBrabant is no party to any agreements between you and the companies displayed on the Platform. These conditions were previously amended on 30 April 2015.
Article 1. Use of the Platform
1.1. On the Platform you will find information on what magnificent Brabant can offer. Thus, you will be able to see when and where activities will be organised, and you will find information on the most interesting locations, hotels, restaurants, scenic areas etc. In addition, the Platform features functionalities making it more interesting and more fun to visit Brabant.
1.2. The Platform is offered for free.
1.3. It is possible to create an account, for example, as a “Local”, on the Platform. To do this you will have to register. You may do so by completing and returning the electronic form. It is also possible to log in by using your log-in details for your Facebook account. In that case the details of your Facebook profile released by you will be integrated into the Platform.
1.4. It is you who will be responsible for the security of your account. That means that you should protect your username and password from unauthorised persons. VisitBrabant may assume that you are the one who has logged in to your account, unless you have notified VisitBrabant that somebody else may access your account.
1.5. After registration it is possible to ask local residents and any persons involved any questions or to answer these questions as a “Local” by means of the “Ask a Local” functionality. VisitBrabant has no influence on, and does not give any guarantee about how and whether or not the questions will be answered.
Article 2. Usage rules and placing Content
2.1. It is prohibited to use the Platform for any acts in violation of Dutch or other applicable law and regulations. These apply to, among other things, all material that you store or spread via the Platform (hereinafter referred to as: ‘Content’) such as information, reports and pictures that are insulting, slanderous or racist.
2.2. It is also prohibited:
a) to use indecent language;
b) to place advertisements or links for promoting (proprietary) products and services without the permission from VisitBrabant;
c) to put content on inappropriate places (off topic);
d) to spread content that is pornographic or erotic (even if this is legal);
e) to spread content in violation of copyrights and intellectual property rights, or to place hyperlinks to such information;
f) to assist in violating the rights of third parties, such as placing links to hacking tools or providing explanations on computer criminality with the apparent intention of enabling the reader to commit the described criminal acts or to have them committed, and not with the intention to enable him to protect himself from these;
g) to violate the privacy of third parties, for example, by spreading personal details of third parties without permission or need, or to repeatedly harass third parties with communication that they do not wish.
2.3. If VisitBrabant finds that the above conditions are violated, or receives a complaint about this then VisitBrabant may intervene and stop the violation.
2.4. If in the opinion of VisitBrabant the functioning of the computer systems or the network of VisitBrabant or third parties and or the service via the Internet is being hindered, negatively affected or endangered, especially by excessively placing content and other information, leaking personal details or other activities of viruses, Trojans and similar software, VisitBrabant has the right to take all measures that it deems reasonably necessary to avert or avoid this danger. In doing so VisitBrabant is especially entitled to adapt and/or remove your content at its own discretion.
2.5. At all times VisitBrabant is entitled to report the punishable facts that are ascertained as such. Furthermore, VisitBrabant is entitled to reveal your name, address, IP address and other identity information to a third party complaining about your violating his rights or these usage conditions, provided such complaint is reasonably plausible, there is no other way to obtain such information and the third party has a clear interest in the disclosure of such information.
2.6. VisitBrabant may recover any loss/damage resulting from the violation of these rules of conduct from you. You safeguard VisitBrabant against all third party claims in connection with any content placed by you.
Article 3. Availability and maintenance
3.1. VisitBrabant endeavours to make the Platform available, but does not guarantee its uninterrupted availability.
3.2. VisitBrabant maintains the Platform actively. If it is anticipated that maintenance will result in a limited availability, then VisitBrabant will carry out any maintenance when the use of the Platform is relatively low. If possible any maintenance will be announced beforehand. In incidents of a calamity, maintenance may take place at any moment and will not be announced beforehand.
3.3. At all times VisitBrabant may change the functionality of the Platform. In that connection your feedback and suggestions will be welcome but VisitBrabant itself will ultimately decide on which changes it will implement.
3.4. You should report any incorrect functioning of the Platform and/or bugs to VisitBrabant as soon as possible.
Article 4. Intellectual property
4.1. The Platform, the underlying software and all information and images are the intellectual property of VisitBrabant or its licensors. These may not be copied or used howsoever without the distinct written permission from VisitBrabant, except in the cases where this is legally permitted.
4.2. Any content that you publish or store via the Platform, is and remains your property. VisitBrabant acquires an unlimited right of use in order to place such content and anything that is connected with it on the Platform, including promotion (advertising) of the Platform.
4.3. The right of use referred to in the previous section will be given for an indefinite period and cannot be withdrawn. The right of use will remain after the termination of the agreement. In exceptional cases where it concerns a weighty interest in the discontinuation of the use of the Content, VisitBrabant may decide to change or remove this.
4.4. You may change or remove your content at your discretion.
4.5. If you send information to VisitBrabant, for example, feedback on an error or a suggestion for improvement then you will give VisitBrabant an unlimited and everlasting right to use this information for the Platform. This does not apply to information that you have explicitly marked as confidential.
4.6. VisitBrabant will not collect private information that you store and/or spread via the Platform unless this is necessary for the properly rendering of service, or VisitBrabant is held to do so by virtue of a legal provision or judicial order. In that case VisitBrabant will endeavour to limit the collection of the information as much as possible, if within its control.
4.7. If VisitBrabant should find that your Content has been copied by third-party sites in combination with contributions by other persons, VisitBrabant will be entitled to take legal action against this in its own name or on behalf of you. All costs involved will be for VisitBrabant’s account but you should lend your cooperation if necessary. This clause does not prohibit you from publishing your content elsewhere. It is all about the ability to act against copying (to a substantial degree) all contributions on the Platform.
Article 5. Complaints and responsibility
5.1. VisitBrabant is not responsible for the conduct of users nor for that of affiliates. Besides, not VisitBrabant but the company concerned is responsible for the accuracy of its business information, offers, push notifications, events, and for the correct performance of any agreements between you and the company concerned.
5.2. Users may direct their complaints about (the functioning of) the Platform at VisitBrabant. Complaints about affiliates and their information should be directed to the company concerned.
Article 6. Term and notice of termination
6.1. The agreement that you conclude with VisitBrabant by using the Platform is for an indefinite period.
6.2. After concluding the agreement by using the Platform you may terminate this at any moment by removing your account and/or not using the Platform any more.
6.3. VisitBrabant may terminate the agreement if you have not used your account or the Platform for 18 months. In that case it will first send a reminder to the email address that is coupled to your account, provided you have an account.
Article 7. Changes in the usage conditions
7.1. VisitBrabant may change these conditions at any time.
7.2. VisitBrabant will announce the changes or additions at least 30 days before their implementation via the Platform so that you will be informed.
7.3. If you do not wish to accept a change or addition, you may terminate the agreement before the implementation date. If you use the Platform after the implementation date then this constitutes your acceptance of the changed or added conditions.
Article 8. Final provisions
8.1. This agreement shall be governed by Dutch law.
8.2. In so far as the rules of mandatory law do not prescribe otherwise, all disputes in connection with the Platform shall be submitted to the competent Dutch judge of the district in which VisitBrabant is registered.
8.3. If a provision in these usage conditions appears to be null and void then this will not affect the validity of the whole of the usage conditions. In this case the parties will formulate one or more new provision(s) in substitution thereof that is/are as closely as similar to the gist of the original provision , if legally possible.
Article 9. Contact information
Stichting BRBNT (VisitBrabant)
5061 PA Oisterwijk
Telephone number: +31(0)13-3030390.
E-mail address: email@example.com
Chamber of Commerce number: 17236428