Terms of use

Terms and conditions

For real estate agents

The following terms and all applicable legal rules apply to the services of Mijn Verkoopmakelaar. By using the Platform of Mijn Verkoopmakelaar, the Real estate agent accepts to be bound by these terms.

1. Definitions

1. In these Terms and Conditions, the following definitions are used, both in singular and plural.
2. Account: the account on the Platform that allows the Real estate agent to use the Services.
3. Terms and Conditions: these terms and conditions, regardless of the form in which they are made known.
4. Mediation request: an advertisement on the Platform or another request sent via the Platform, in which an assignment for mediation in living space is offered by a Client.
5. Credit: a credit provided by Mijn Verkoopmakelaar to the Real estate agent that can be used to pay the Lead Price.
6. Service: the services provided by Mijn Verkoopmakelaar, including offering the Platform.
7. User: the user who in any way uses the Platform, including, but not limited to, Clients and Real estate agents.
8. Lead Price: the fee owed by the Real estate agent after obtaining a Lead following a Response, as further defined in article 18.1 of these Terms and Conditions.
9. Lead: data provided on the initiative of the Client to whom the Real estate agent has sent a Response, allowing the Real estate agent to contact the Client directly or through Mijn Verkoopmakelaar.
10. Client: the natural or legal person who offers an assignment for mediation in living space, respectively assigns a Real estate agent to perform mediation in living space using the Platform.
11. Real estate agent: the natural or legal person who, through the Platform, makes themselves available for performing tasks on behalf of a Client, respectively responds to one or more assignments of a Client. Each Real estate agent is considered a business user and therefore, unless otherwise stipulated in these Terms and Conditions, the legal rules for business agreements apply and not the rules applicable to agreements with consumers.
12. Agreement: the agreement between Mijn Verkoopmakelaar and Real estate agent regarding the Service, of which these Terms and Conditions are an integral part.
13. Profile page: a page on the Platform with an overview of the company's profile, reviews, and the Real estate agent’s projects. The setup of the Profile page and the type of data included can be changed by Mijn Verkoopmakelaar from time to time.
14. Platform: the platform offered by Mijn Verkoopmakelaar via the website www.MijnVerkoopmakelaar.nl, an application, or any other means whereby Clients and Real estate agents can get in touch with each other in connection with performing mediation tasks.
15. Response: any response from the Real estate agent to a Mediation request, regardless of its content.
16. Mijn Verkoopmakelaar: the private company Mijn Verkoopmakelaar BV, located at 1057 DS, Postjeskade 14-3, Amsterdam.

2. Article 2. General

1. These Terms and Conditions apply to all Agreements, regardless of how they are concluded, and all other possible legal acts between Mijn Verkoopmakelaar and the Real estate agent.
2. Mijn Verkoopmakelaar is entitled at all times to amend or supplement these Terms and Conditions. In the case of substantive changes, Mijn Verkoopmakelaar will communicate these at least 30 days before the changes take effect to the Real estate agent. If the Real estate agent does not wish to agree to the new changes, the Real estate agent can terminate the Agreement between the parties up to the moment the changes take effect.
3. Deviations from the Terms and Conditions are only valid if expressly agreed in writing or by e-mail between Mijn Verkoopmakelaar and the Real estate agent.
4. Mijn Verkoopmakelaar explicitly rejects any general terms and conditions of the Real estate agent.
5. If these Terms and Conditions have once applied to a legal relationship between the Real estate agent and Mijn Verkoopmakelaar, the Real estate agent will be deemed to have agreed in advance to the applicability of the Terms and Conditions to contracts entered into and to be entered into subsequently.
6. If and to the extent that any provision of these Terms and Conditions is nullified or annulled, the remaining conditions will remain in full force. Mijn Verkoopmakelaar will then determine a new provision to replace the nullified/annulled provision, with consideration given to the intent of the nullified/annulled provision as much as possible.

3. Formation of Agreement

1. Agreements can be concluded, at the option of the Parties, orally, in writing, by telephone, electronically, or in another way. Mijn Verkoopmakelaar decides – entirely at its own discretion – which method of formation it does and does not agree to. The Agreement between parties is binding, regardless of how it is concluded.
2. To avoid misunderstandings, the right to dissolve as referred to in Article 6:230o of the Dutch Civil Code does not apply to the Agreement, as the Real estate agent does not qualify as a consumer.

4. Services

1. Mijn Verkoopmakelaar offers a platform where Clients and Real estate agents can contact each other concerning performing tasks. Mijn Verkoopmakelaar only plays a facilitating role and cannot be held responsible for the actions or omissions of a User through or in connection with the Platform or otherwise.
2. Mijn Verkoopmakelaar is entitled at all times to adjust and/or terminate (the content of) its Services.
3. Mijn Verkoopmakelaar has composed the content of the Platform with the utmost care. However, all substantive information on the Platform in Responses, Mediation requests, assignments, reviews, and proposals comes from the Users. These Users are themselves responsible for the accuracy and completeness of this information. Mijn Verkoopmakelaar accepts no responsibility for the content of Responses, Mediation requests, assignments, reviews, and proposals, nor any other communication between Users. Neither does Mijn Verkoopmakelaar bear responsibility for the fulfillment of their obligations by Clients and Real estate agents, including meeting any payment obligations, the correct execution of the tasks to be performed, and fulfilling the quality requirements set by Mijn Verkoopmakelaar.
4. Mijn Verkoopmakelaar offers the information it has placed on the Platform itself, to the extent that applicable law permits, on an "as is" basis, excluding any express or implied guarantees, representations, or indemnities of any kind, including (but not limited to) the exclusion of guarantees concerning entitlement to (proprietary) rights, sufficient quality, suitability for a particular purpose, and non-infringement of property rights or rights of third parties. In particular, Mijn Verkoopmakelaar does not guarantee:
   • that the information on the Platform is correct, complete, suitable, up-to-date, and not unlawful, including the information provided by Users;
   • that the Platform will operate uninterruptedly, be free of viruses, trojans, and other errors and/or defects, and that any defects will be corrected;
   • that third parties will not use the Platform and/or the systems of Mijn Verkoopmakelaar unlawfully.

5. Maintenance

1. Mijn Verkoopmakelaar is entitled to temporarily decommission or limit the Platform in cases where, for example, it is necessary or desirable to maintain or adjust the Platform, without any right to compensation arising against Mijn Verkoopmakelaar. Mijn Verkoopmakelaar is not obliged to inform Users about this (whether in advance or not).

6. Use of the service and provision of information

1. Only natural persons and legal entities who are not consumers and who engage in mediation activities will register as Real estate agents on the Platform. This does not include employment agencies and similar companies.
2. The Real estate agent guarantees that all information, including but not limited to name, address, and email details provided within the scope of the Service are complete, correct, and up-to-date and that he will use the Service solely for himself. Additionally, the Real estate agent guarantees:
   • that he is authorized to use the Services;
   • that he will comply with applicable laws and regulations at all times;
   • that he is registered in the Chamber of Commerce register and will maintain this registration during the term of the Agreement and that this is related to the field in which the Real estate agent operates;
   • that he will comply with the quality requirements for Real estate agents set by Mijn Verkoopmakelaar at all times and which Mijn Verkoopmakelaar, from time to time, communicates to the Real estate agent via the Platform or otherwise. Mijn Verkoopmakelaar will always communicate essentially new quality criteria to the Real estate agent before they become effective and give the Real estate agent a reasonable period to enable him to meet the new quality requirements;
   • that he will at all times comply with the current house rules, as communicated on the Platform. The house rules may be adapted by Mijn Verkoopmakelaar from time to time.
3. The Real estate agent will only post and send messages on and via the Platform to obtain an assignment to perform mediation tasks for a Client. The Real estate agent will not post messages with content and/or for any purposes for which the Service is evidently not intended and will refrain from sending unwanted and/or unsolicited messages to Clients.
4. By offering data on the Platform, including but not limited to Responses, quotations, offers, information about tasks and products, the Real estate agent gives permission to publish this data on the Platform and guarantees that he is authorized to provide this permission. The Real estate agent is aware that the positioning of his Response, quotation, offers, and other information on the Platform depend on several factors and that he cannot claim a specific positioning.
5. The Real estate agent is responsible and liable for the content of the information he has published on the Platform. He guarantees that the content of this data is correct, current, and reliable, does not conflict with applicable laws and regulations, and is not unlawful. Additionally, he guarantees that with this information he does not offend other Users, and that he will not harm the interests and the good name of Mijn Verkoopmakelaar.
6. The following data may not be placed on the Platform:
   • material that is in violation of any applicable law or regulation or with these Terms and Conditions;
   • material that refers to performing illegal services or services that may in any way harm the property of others;
   • material that infringes intellectual property rights, privacy rights, or other rights of Mijn Verkoopmakelaar or third parties;
   • material that is, in Mijn Verkoopmakelaar's opinion, contrary to good morals or good taste, violent, or calls for violence or hatred against any other person or persons;
   • material that in any way mentions or refers to another, with the Service or the Platform, competing or comparable service, website, or platform;
   • a Mediation request aimed at (in)directly promoting a company;
   • material originating from an employment agency;
   • material that contradicts article 6.3 of these Terms and Conditions.
7. The Real estate agent will place Responses via the Platform and will not share contact details with the Client until he has received a Lead in response to a Response. The Real estate agent will not attempt to circumvent the payment of the Lead Price to Mijn Verkoopmakelaar by exchanging contact details or in any other way.
8. Mijn Verkoopmakelaar reserves the right to modify and/or shorten the information provided by the Real estate agent. Mijn Verkoopmakelaar also reserves the right – but is not obliged – to refuse or remove Responses, Mediation requests, assignments, reviews, proposals, and other data from the Platform, for example, because they are incorrect or unreliable, violate the law or are unlawful towards third parties, without this in any way leading to any right of the Real estate agent to compensation.
9. Agreements between the Client and the Real estate agent are only concluded when the Client expressly confirms this to the Real estate agent. Mijn Verkoopmakelaar is not a party to Agreements between the Client and the Real estate agent. Mijn Verkoopmakelaar can therefore not exercise any control over the quality, safety, or legality of the assignments and/or tasks, the accuracy of the offers, the authority of the Clients to have tasks performed, and/or the authority of Real estate agents to perform those tasks. The Real estate agent indemnifies Mijn Verkoopmakelaar against any claim from third parties related to such matters.
10. The use of (personal) data obtained through the Platform by the Real estate agent may only be used for the purpose for which they were provided. It is not permitted to process this data for any other purpose, including – but not limited to – any form of unsolicited communication (spam). It is also not permitted to collect personal data (including email addresses) of Users for any reason.
11. If the Real estate agent acts contrary to the provisions of article 6.10, he forfeits, without further warning or notice of default and without judicial intervention being required, an immediately payable penalty of EUR 1,000 (one thousand euros) per event, whereby the use of a (personal) data counts as one event, without prejudice to the right of Mijn Verkoopmakelaar to take other measures available to her against the Real estate agent and/or to claim compensation.

7. Reviews

1. A Client is entitled to add a review to the Profile page of the Real estate agent by whom he had certain tasks performed. In the review, the requested information is provided by the Client.
2. The content of a review is determined by the Client. Mijn Verkoopmakelaar has no influence on and cannot be held responsible for the content of reviews. Mijn Verkoopmakelaar is not liable for any damage resulting from the content of a review.
3. Mijn Verkoopmakelaar is entitled at all times to remove a review. This may be done, if following a report, the review is found to be incorrect, unreliable, or manifestly unlawful, or otherwise does not comply with the Review Conditions as published on the Platform.
4. A review must meet at least the following requirements:
   • a review may not contain defamatory, vulgar, obscene, or racist language;
   • a review may not contain personal data regarding a Real estate agent;
   • a review may not contain links and/or scripts;
   • a review must be added by the Client and must relate to the Real estate agent from whom the Client received a Response and/or with whom the Client has concluded an agreement.

8. Privacy

1. Mijn Verkoopmakelaar processes personal data of Users for the purpose of providing the Services and related activities and in accordance with the Personal Data Protection Act and subsequent legislation regarding the protection of personal data.
2. The Privacy Statement of Mijn Verkoopmakelaar, as published on the Platform, applies to this processing of personal data.

9. Account and information provision by the Real estate agent

1. To use the Services of Mijn Verkoopmakelaar, an Account must be created as described on the Platform, providing the requested data.
2. Mijn Verkoopmakelaar may from time to time request additional information from the Real estate agent. The Real estate agent will provide this information at the first request to Mijn Verkoopmakelaar. If the Real estate agent does not provide the additional information within 14 (fourteen) days of the request from Mijn Verkoopmakelaar, Mijn Verkoopmakelaar has the right to block the Account until the requested information is provided.
3. An Account will only be created when Mijn Verkoopmakelaar has confirmed and thereby accepted the request to create an Account in writing or by email. The Real estate agent can only post Responses with the Account if Mijn Verkoopmakelaar has determined that the Real estate agent meets the quality criteria applicable at that time.
4. Mijn Verkoopmakelaar is entitled to refuse or remove (the creation of) an Account and/or (the placement of) a Response, Mediation request, assignment, review, offer, or other information by the Real estate agent if there are valid reasons. A valid reason may be that the Real estate agent does not meet the quality criteria of Mijn Verkoopmakelaar, there is a suspicion that the Real estate agent is acting in violation of the Agreement or these Terms and Conditions, and/or that the Real estate agent has previously abused the Platform.
5. To access the Account, a password is provided to the Real estate agent. The password is strictly personal and the Real estate agent may not allow third parties to use it. The Real estate agent is liable for any use made of his Account and indemnifies Mijn Verkoopmakelaar for any claim by third parties regarding damage or otherwise, in any way arising from the use made of the Service through his Account.
6. Mijn Verkoopmakelaar is entitled to adjust the password if necessary for security reasons or in the interest of the functionality of the Service.

10. Intellectual property rights

1. All intellectual property rights regarding the Platform belong exclusively to Mijn Verkoopmakelaar and/or its licensors, with the exception of the material provided by the Users by placing Responses, Mediation requests, assignments, reviews, proposals, or otherwise.
2. It is not permitted for the Real estate agent to make the Platform or any part of its content available to third parties, reproduce, distribute, transmit, or incorporate into another document or material without written permission from Mijn Verkoopmakelaar. This means that it is not allowed for the Real estate agent, without prior written permission from Mijn Verkoopmakelaar, to extract and reuse a substantial part of the content of (a) database(s) and/or repeatedly and systematically extract and reuse non-substantial parts of the content of a database(s) as per the Database Act.
3. The Real estate agent guarantees that the information he has posted on the Platform, including Responses, Mediation requests, assignments, reviews, and proposals, does not infringe third-party (intellectual property) rights. The Real estate agent indemnifies Mijn Verkoopmakelaar fully against all possible claims from third parties arising from and/or related to the information he posted on the Platform, including any claim based on the assertion that the relevant information infringes any (intellectual property) rights of third parties.

11. Exclusion

1. Mijn Verkoopmakelaar reserves the right to terminate the Agreement without notice of default and exclude the Real estate agent from any (further) use of the Platform and the Service, by, among other things, blocking and/or removing his Account, without being obliged to refund any fees already collected, if there are valid reasons for this. This includes, but is not limited to, if:
   • the Real estate agent acts in any way contrary to these Terms and Conditions;
   • the Real estate agent infringes third-party (intellectual property) rights;
   • Mijn Verkoopmakelaar has a justified suspicion that the Real estate agent is guilty of fraud, deception, forgery, and/or other criminal acts;
   • the Real estate agent operates an employment agency or a comparable company;
   • the Real estate agent posts a review about an assignment that he performed himself or if the Real estate agent otherwise falsely presents himself as a Client on the Platform;
   • the Real estate agent sends commercial or other messages through the Service with a purpose reasonably assumed to be different from obtaining responses from other Real estate agents to perform mediation tasks and/or otherwise acts in violation of 6.3 of these Terms and Conditions;
   • the Real estate agent acts in violation of applicable laws and regulations;
   • the Real estate agent attempts in any way to circumvent the payment of the Lead Price;
   • the Real estate agent no longer meets the quality requirements set by Mijn Verkoopmakelaar;
   • the Real estate agent mistreats employees of Mijn Verkoopmakelaar or Clients using defamatory, abusive, vulgar, obscene, or racist language.

12. Force majeure

1. Mijn Verkoopmakelaar is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Force majeure also includes a non-attributable failure of suppliers and/or other third parties used by Mijn Verkoopmakelaar, hacks, and internet outages.

13. Liability of Mijn Verkoopmakelaar

1. Mijn Verkoopmakelaar is only liable for direct damage suffered by the Real estate agent. Direct damage includes only the costs that the Real estate agent had to incur to rectify or remedy the failure of Mijn Verkoopmakelaar, so that the performance of Mijn Verkoopmakelaar complies with the agreement, as well as reasonable costs to prevent or limit such damage and reasonable costs to determine the cause and extent thereof.
2. The total liability of Mijn Verkoopmakelaar will never exceed the total fee that the Real estate agent has paid to Mijn Verkoopmakelaar for the service in the twelve months before the damaging event occurred, with a maximum of 500 (five hundred) euros.
3. Any liability of Mijn Verkoopmakelaar for indirect damage, including but not limited to consequential damage, loss of profit, and loss of turnover is excluded. In particular, Mijn Verkoopmakelaar is not liable for damage to the side of the Real estate agent caused by third parties, whether or not using the Platform and/or the Services.
4. Nothing in this Agreement limits the liability of Mijn Verkoopmakelaar arising from willful misconduct or gross negligence on the part of Mijn Verkoopmakelaar or its senior management.

14. References

1. The Platform contains references (e.g., via a hyperlink, banner, or button) to third-party websites. Mijn Verkoopmakelaar has no control over these websites and is not responsible for their content and/or the policies pursued, including privacy policy.

15. Security

1. Mijn Verkoopmakelaar makes reasonable efforts to secure its systems against loss and/or any form of unlawful use. Mijn Verkoopmakelaar implements appropriate technical and organizational measures, taking into account the state of technology.

16. Notice of Infringement

1. Responses, Mediation requests, assignments, reviews, and proposals must be placed in the manner determined on the Platform and with the required information as requested on the Platform.
2. If a Real estate agent believes that certain information on the Platform is unlawful, he can report this to Mijn Verkoopmakelaar through the contact information on the Platform. Based on the information to be provided by this Real estate agent, Mijn Verkoopmakelaar will process the report. The report should contain the necessary information for Mijn Verkoopmakelaar to address it, and the Real estate agent will provide additional information upon request. If the report shows that the contested material is manifestly unlawful, Mijn Verkoopmakelaar will remove it. By making a report, the Real estate agent indemnifies Mijn Verkoopmakelaar against any claim by third parties concerning the removal of material. The indemnity also covers all damage and costs incurred by Mijn Verkoopmakelaar in connection with such a claim, including – but not limited to – the reimbursement of costs for legal support.

17. Duration and termination of agreements for an indefinite period

1. Unless expressly agreed otherwise by the parties, the Agreement between Mijn Verkoopmakelaar and the Real estate agent is entered into for an indefinite period.
2. The Agreement can be terminated by the Real estate agent at any time by sending an email to info@MijnVerkoopmakelaar.nl with the subject ‘Account Deletion.’ If Mijn Verkoopmakelaar provides a cancellation process through the Account, cancellation can also occur via that route.
3. Mijn Verkoopmakelaar has the right to terminate the Agreement at any time with a one-month notice period. Mijn Verkoopmakelaar will communicate the termination via the Account or by email.
4. If the Real estate agent becomes bankrupt, applies for suspension of payments, ceases business operations, or acts in violation of these Terms and Conditions or other stipulations of the Agreement, Mijn Verkoopmakelaar has the right to dissolve the Agreement immediately, without further notice of default, without prejudice to all its rights.
5. The termination of the Agreement, on whatever grounds, does not release the Real estate agent from the obligation to pay the amounts already due to Mijn Verkoopmakelaar.

18. Rates and fees

1. The Real estate agent owes Mijn Verkoopmakelaar a fee (the "Lead Price") if he receives a Lead in response to a Response. The Lead Price depends on the content of the requested mediation and the way the Response is sent and can change from time to time. The Lead Price is communicated to the Real estate agent before he sends a Response via the Platform. By sending a Response, the Real estate agent agrees to pay the communicated Lead Price if he receives a Lead in response to the Response.
2. Mijn Verkoopmakelaar has a refund policy, under which the Real estate agent can request a refund of the Lead Price (a "Refund") under certain circumstances. The Refund is granted in the form of a credit equal to the Lead Price, which can only be used on the Platform. A Refund is only granted under the circumstances described in the refund policy, and Mijn Verkoopmakelaar decides at its sole discretion whether this applies in a specific case. To obtain a Refund, the Real estate agent must request it no later than 1 (one) month after the date on which the Real estate agent received the Lead. The Refund is credited to the Real estate agent's Account.
3. Mijn Verkoopmakelaar may, but is under no obligation, provide Credits to the Real estate agent.
4. Refunds and Credits can only be used to pay the Lead Price for new assignments on the Platform. Refunds and Credits are valid for 1 (one) year unless otherwise agreed. At the end of the Agreement, on whatever grounds, all Refunds and Credits expire. Refunds and Credits are not paid in cash.
5. All prices and rates mentioned by Mijn Verkoopmakelaar are in euros (€) and exclusive of value-added tax (VAT) and any other government-imposed levies unless expressly stated otherwise in writing.
6. Mijn Verkoopmakelaar is entitled at all times to adjust its rates or its price structure. Unless expressly agreed in writing that prices and rates apply for a certain period, the announced changes for monthly and otherwise periodically due amounts and changes to the rate structure take effect 1 (one) month after they are announced. The changes will be announced via the Platform. If the Real estate agent does not wish to agree to the change referred to in this article and he does not already have the right to terminate the Agreement under these Terms and Conditions, he has 14 (fourteen) days preceding the date on which the change takes effect to terminate his Agreement with Mijn Verkoopmakelaar according to the method described in article 17.2 above. The foregoing does not apply to the Lead Price. This can be changed by Mijn Verkoopmakelaar at any time and without prior notice.
7. Mijn Verkoopmakelaar is also entitled to annually adjust its prices and rates in accordance with the indexation figure applicable at CBS for business services as published on http://www.cbs.nl/ or a subsequent website. Adjustment will be made by means of a notice on the website at least 1 (one) month before the date of the rate change. In this case, the right to terminate as referred to in paragraph 6 of this article does not exist.

19. Payment

1. The Lead Price is charged by Mijn Verkoopmakelaar after the Real estate agent has received the Lead. Mijn Verkoopmakelaar provides an overview of the due Lead Prices and the available Refunds and Credits in the Account of the Real estate agent.
2. Payment is made by means of direct debit. To this end, the Real estate agent must authorize Mijn Verkoopmakelaar after the Agreement in the manner indicated on the Platform. If Mijn Verkoopmakelaar offers other payment methods on the Platform, payment can also be made in that manner. The amounts due are charged immediately. In the case of chargebacks, for example, due to insufficient funds, Mijn Verkoopmakelaar is entitled to charge additional administration costs.
3. If the direct debit fails or if another method of payment is agreed and the Real estate agent does not pay the agreed fees on time, this will be communicated to the Real estate agent with an additional payment term set. If payment is not made within that additional term, the Real estate agent is automatically in default without further notice of default or summons being required. From that moment, without further notice from Mijn Verkoopmakelaar, statutory (commercial) interest is due on the outstanding amount. In addition, the Account of the relevant Real estate agent is blocked from that moment, and posting Responses is no longer possible.
4. If the Real estate agent remains in default of payment of the owed amount, increased by the statutory interest, after notice of default, Mijn Verkoopmakelaar may transfer the claim for collection. The Real estate agent is, in that case, liable to pay, in addition to the principal sum and statutory (commercial) interest owed thereon, all extrajudicial and possibly judicial costs, in addition to the costs possibly determined by law. The amount of these costs shall be at least 15% of the principal sum, with a minimum amount of EUR 100,- (one hundred euros).
5. All payments by the Real estate agent to Mijn Verkoopmakelaar are credited to the oldest outstanding invoices of Mijn Verkoopmakelaar, regardless of any other indication by the Real estate agent.
6. Any appeal by the Real estate agent to suspension, set-off, or deduction is not permitted.

20. Disputes

1. These Terms and Conditions, all Agreements between Mijn Verkoopmakelaar and the Real estate agent, any use of the Platform, and all related disputes (on any basis) are governed by Dutch law.
2. Any disputes arising from or relating to these Terms and Conditions, the Agreement, and/or the use of the Platform, on any basis, are exclusively submitted to the competent court in Amsterdam, Netherlands.

Amsterdam, January 2019

For clients

The following terms and all applicable legal rules apply to the services of Mijn Verkoopmakelaar.nl. By using the Website of Mijn Verkoopmakelaar, the user accepts to be bound by these terms.

1. Definitions

1. Account: the ability to use the Services.
2. Mediation request: an advertisement on the Website in which an assignment is offered by a Client.
3. Terms and Conditions: these Terms and Conditions, regardless of the form in which they are made known.
4. Service: the services offered by Mijn Verkoopmakelaar through the Website, consisting, among other things, of offering a platform where Clients and Real estate agents can contact each other in connection with mediation for housing.
5. User: the internet user who in any way uses the Website, including, but not limited to, Clients and Real estate agents.
6. Client: the natural or legal person who offers an assignment or gives an assignment to perform tasks to a Real estate agent using the Website.
7. Real estate agent: the natural or legal person who, through the Website, makes themselves available to perform tasks on behalf of a Client, respectively registers for or makes a proposal on one or more assignments of a Client, not being an employment agency or a comparable company.
8. Website: the website www.MijnVerkoopmakelaar.nl.
9. Mijn Verkoopmakelaar: the private company Mijn Verkoopmakelaar BV, located at Postjeskade 14-3, (1057DS), Amsterdam, Chamber of Commerce number: 73369187.

2. General

1. These Terms and Conditions apply to all agreements and all other possible legal acts between Mijn Verkoopmakelaar and the User.
2. The specific terms, named “Terms and Conditions of Mijn Verkoopmakelaar for Real estate agents,” apply to the Services provided by Mijn Verkoopmakelaar to Real estate agents.
3. Mijn Verkoopmakelaar is entitled at all times to amend or supplement these Terms and Conditions.
4. Deviations from the Terms and Conditions are only valid if expressly agreed in writing or by email between Mijn Verkoopmakelaar and the User.
5. Mijn Verkoopmakelaar explicitly rejects any general terms and conditions of the User.
6. If these Terms and Conditions have once applied to a legal relationship between the User and Mijn Verkoopmakelaar, the User will be deemed to have agreed in advance to the applicability of the Terms and Conditions to agreements entered into and to be entered into subsequently.
7. If and to the extent that any provision of these Terms and Conditions is nullified or annulled, the remaining conditions will remain in full force. Mijn Verkoopmakelaar will determine a new provision to replace the nullified/annulled provision, with regard to the intent of the nullified/annulled provision as much as possible.

3. Services

1. Mijn Verkoopmakelaar offers a platform on the Website where Clients and Real estate agents can contact each other regarding mediation for a house. Mijn Verkoopmakelaar has only a facilitating role and cannot be held responsible for actions or omissions of a User through or in connection with the Website or otherwise. Mijn Verkoopmakelaar is entitled at all times to adjust and/or terminate (the content of) its services.
2. Mijn Verkoopmakelaar has composed the content of the Website with the utmost care. All substantive information on the Website with respect to Mediation requests, assignments, references, and indicative prices is, however, provided by the Users. These Users are themselves responsible for the accuracy and completeness of this information. Mijn Verkoopmakelaar accepts no responsibility for the content of Mediation requests, assignments, references, and indicative prices, nor any other communication between Users. Mijn Verkoopmakelaar also bears no responsibility for the fulfillment of their obligations by Clients and Real estate agents, including meeting any payment obligation and correctly performing the tasks to be performed.
3. Mijn Verkoopmakelaar offers the information it has placed on the Website itself, to the extent that applicable law permits, on an “as is” basis, excluding any express or implied guarantees, representations, or indemnities of any kind, including (but not limited to) the exclusion of guarantees concerning entitlement to (property) rights, sufficient quality, suitability for a particular purpose, and non-infringement of property rights or rights of third parties. In particular, Mijn Verkoopmakelaar does not guarantee:
   • that the information on the Website is correct, complete, suitable, up-to-date, and not unlawful, including the information provided by Users;
   • that the Website will operate uninterruptedly, be free of viruses, trojans, and other errors and/or defects, and that any defects will be corrected;
   • that third parties will not use the Website and/or the systems of Mijn Verkoopmakelaar unlawfully.

4. Maintenance

1. Mijn Verkoopmakelaar is entitled to temporarily decommission or limit the Website if, for example, it is necessary for maintaining or adapting the Website, without any right to compensation arising against Mijn Verkoopmakelaar.

5. Use of the service and provision of information

1. The User guarantees that all data, including but not limited to name, address, and email details provided within the scope of the Service are complete, correct, and up-to-date and that he will use the Service solely for himself. Additionally, the User guarantees that he is authorized to use the Services and that he will comply with the applicable laws and regulations concerning granting assignments, providing indicative prices, offering and performing tasks.
2. By offering data on the Website, including but not limited to Mediation requests, assignments, references, and indicative prices, the User gives permission to publish this data on the Website and guarantees that he is authorized to provide this permission. Users are aware that the positioning of Mediation requests and other information on the Website depends on several factors and that no rights can be derived from that.
3. The User is responsible and liable for the content of the data published on the Website. He guarantees that the content of this data is correct, current, and reliable and does not conflict with applicable laws and regulations and is not unlawful. Additionally, he guarantees that with this information, he does not offend other Users, and that he will not harm Mijn Verkoopmakelaar’s interests and reputation.
4. The following data may not be placed on the Website:
   • material that is in violation of any law, regulation, or these Terms and Conditions;
   • material that refers to the performance of illegal services or services that may in any way harm the property of others;
   • material that infringes intellectual property rights, privacy rights, or other rights of Mijn Verkoopmakelaar or third parties;
   • material that is, in Mijn Verkoopmakelaar’s opinion, contrary to good morals or good taste, violent, or calls for violence or hatred against any other person or persons;
   • material that in any way mentions or refers to another, competing or comparable website;
   • a Mediation request or assignment aimed at (in)directly promoting a company;
   • material originating from an employment agency;
   • the phone number and/or address of the User.
5. Mijn Verkoopmakelaar reserves the right to modify and/or shorten the information provided by the User. Mijn Verkoopmakelaar also reserves the right – but is not obliged – to refuse or remove Mediation requests, assignments, references, indicative prices, and other data from the Website, for example, because they are incorrect or unreliable, violate the law or are unlawful towards third parties, without leading to any right of the User to compensation.
6. Agreements between the Client and the Real estate agent are only concluded when the Client expressly confirms this to the Real estate agent. Mijn Verkoopmakelaar is not a party to Agreements between the Client and the Real estate agent. Mijn Verkoopmakelaar can therefore not exercise any control over the quality, safety, or legality of the assignments and/or tasks, the accuracy of the offers, the authority of the Clients to have tasks performed, and/or the authority of Real estate agents to perform those tasks. The User indemnifies Mijn Verkoopmakelaar against any claim from third parties related to such matters.
7. The use of (personal) data obtained through the Website by the User may only be used for the purpose for which they were provided. It is not permitted to process this data for any other purpose, including – but not limited to – any form of unsolicited communication (spam). It is also not permitted to collect personal data (including email addresses) of Users for any reason.
8. If a User acts contrary to the provisions of article 5.7, he forfeits, without further warning or notice of default and without judicial intervention being required, an immediately payable penalty of EUR 1,000 (one thousand euros) per event, whereby the use of a (personal) data counts as one event, without prejudice to the right of Mijn Verkoopmakelaar to take other measures available to her against the User and/or to claim compensation.
9. It is not permitted to place an assignment for the purpose of recruiting for a permanent position, promotional activities, research, and/or programs.

6. References

1. A Client is entitled to add a reference to the profile of the Real estate agent by whom he had certain tasks performed. In the reference, the requested information is provided by the Client.
2. The Client ensures that the information provided in a reference is in good faith and truthfully, and indemnifies Mijn Verkoopmakelaar for any claim from a third party in this respect.
3. Mijn Verkoopmakelaar is entitled at all times to remove a reference. This may be done, if following a report, the reference is found to be incorrect, unreliable, or manifestly unlawful, or otherwise does not comply with the Reference Policy as published on the Website.
4. A reference must meet at least the following requirements:
   • a reference may not contain defamatory, vulgar, obscene, or racist language;
   • a reference may not contain personal data regarding a Real estate agent;
   • a reference may not contain links and/or scripts;
   • a reference must be added by the Client and must relate to the Real estate agent by whom the task was performed.

7. Privacy

1. Mijn Verkoopmakelaar processes personal data of Users for the purpose of providing the Services and related activities and in accordance with the Personal Data Protection Act.
2. The Privacy Statement of Mijn Verkoopmakelaar applies to this processing of personal data.

8. Account

1. To use the Services of Mijn Verkoopmakelaar, an Account must be created as described on the Website, providing the requested data.
2. An Account will only be created when Mijn Verkoopmakelaar has accepted the application to place an Account in writing. Mijn Verkoopmakelaar is entitled to refuse or remove (the creation of) an Account and/or (the placement of) a Mediation request, assignment, reference, indicative price, or other information by the User without stating reasons.
3. A password is provided to the User for the Account. The password is strictly personal, and the User may not allow third parties to use it. The User is liable for any use made of his Account and indemnifies Mijn Verkoopmakelaar for any claim by third parties regarding damage or otherwise, in any way arising by the use made of the Service through his Account.
4. Mijn Verkoopmakelaar is entitled to adjust the password if necessary for the sake of the functionality of the Service.

9. Intellectual property rights

1. All intellectual property rights regarding the Website belong exclusively to Mijn Verkoopmakelaar and/or its licensors, with the exception of the material provided by the User in connection with placing Mediation requests, assignments, references, indicative prices, or otherwise.
2. It is not permitted for the User to make the Website or any part of its content available to third parties, reproduce, distribute, transmit, or incorporate into another document or material without written permission from Mijn Verkoopmakelaar. This means that it is not allowed for the User, without prior written permission from Mijn Verkoopmakelaar, to extract and reuse a substantial part of the content of (a) database(s) and/or repeatedly and systematically extract and reuse non-substantial parts of the content of a database(s) as per the Database Act.
3. The User guarantees that the information he has posted on the Website, including Mediation requests, assignments, references, and indicative prices, does not infringe third-party (intellectual property) rights. The User indemnifies Mijn Verkoopmakelaar fully against all possible claims from third parties arising from and/or related to the information he posted on the Website, including any claim based on the assertion that the relevant information infringes any (intellectual property) rights of third parties.

10. Exclusion

1. Mijn Verkoopmakelaar reserves the right to exclude the User from any (further) use of the Website, by, among other things, blocking and/or removing his Account, without being obliged to refund any fees already collected, if:
   • the User acts in any way contrary to these Terms and Conditions;
   • the User infringes third-party (intellectual property) rights;
   • the User acts in violation of applicable laws and regulations.

11. Force majeure

1. Mijn Verkoopmakelaar is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Force majeure also includes a non-attributable failure of suppliers and/or other third parties used by Mijn Verkoopmakelaar.

12. Liability of Mijn Verkoopmakelaar

1. Mijn Verkoopmakelaar is only liable for direct damage resulting from willful misconduct or gross negligence on the part of Mijn Verkoopmakelaar. Direct damage includes only the costs that the User had to incur to rectify or remedy the failure of Mijn Verkoopmakelaar, so that the performance of Mijn Verkoopmakelaar complies with the agreement, as well as reasonable costs to prevent or limit such damage and reasonable costs to determine the cause and extent thereof.
2. The total liability of Mijn Verkoopmakelaar can never exceed the total agreed fee for using the Service for the year in which the failure occurs, with a maximum of € 500.00.
3. Any liability of Mijn Verkoopmakelaar for indirect damage, including but not limited to consequential damage, loss of profit, and loss of turnover, is excluded. In particular, Mijn Verkoopmakelaar is not liable for damage to the side of the User caused by third parties, whether or not using the Website and/or the Services.

13. References

1. The Website contains references (e.g., via a hyperlink, banner, or button) to third-party websites. Mijn Verkoopmakelaar has no control over these websites and is not responsible for their content and/or the policies pursued, including their privacy policy.

14. Security

1. Mijn Verkoopmakelaar makes reasonable efforts to secure its systems against loss and/or any form of unlawful use. Mijn Verkoopmakelaar implements appropriate technical and organizational measures, taking the state of technology into account.

15. Notice of Infringement

1. Mediation requests, assignments, references, and indicative prices must be placed in the manner determined on the Website and providing the required information as requested on the Website.
2. If a User believes that certain information on the Website is unlawful, he can report this to Mijn Verkoopmakelaar through the designated button on the Website. Using the information provided by this User, Mijn Verkoopmakelaar will process the report, provided it meets all requirements set by Mijn Verkoopmakelaar. If the report shows that the contested material is manifestly unlawful, Mijn Verkoopmakelaar will remove it. By making a report, the User indemnifies Mijn Verkoopmakelaar against any claim by third parties concerning the removal of material. The indemnity also covers all damage and costs incurred by Mijn Verkoopmakelaar in connection with such a claim, including – but not limited to – the reimbursement of costs for legal support.

16. Duration and termination

1. Each agreement between Mijn Verkoopmakelaar and the User is entered into for an indefinite period, unless expressly agreed otherwise. The Client is entitled to terminate the Agreement in writing at any time without giving reasons.
2. If the User becomes bankrupt, applies for suspension of payments, ceases business operations, or acts in violation of these Terms and Conditions or other stipulations of the Agreement, Mijn Verkoopmakelaar has the right to terminate the agreement without notice, without prejudice to rights.

17. Disputes

1. These Terms and Conditions are subject to Dutch law.
2. Any disputes will be submitted to the competent court in the district of Amsterdam.

Amsterdam, January 2019