Conditions & privacy
CONDITIONS on RoomPhoenix By using www.roomphoenix.com, the User declares that he has read and agreed to these general terms and conditions. www.roomphoenix.com is listed below as RoomPhoenix.
Article 1. Definitions Article 2. Identity Article 3. Account Article 4. Conclusion of the agreement Article 5. Representation Article 6. Room offer Article 7. Payment method and rates Article 8. Rights and Obligations of the Other Party Article 9. Room offer and obligations Landlord (provider) Article 10. Consent Article 11. Liability Article 12. Force majeure Article 13. Termination Article 14. Choice of law and jurisdiction Article 15. Miscellaneous
Article 1. Definitions on RoomPhoenix Platform: the platform that can be reached via RoomPhoenix and underlying pages.
General Terms and Conditions: these general terms and conditions of RoomPhoenix;
Intellectual Property Rights: all intellectual property rights and related rights, such as copyrights, trademark law, patent law, design right, trade name right, database right and related rights, as well as rights to know-how and one-line performance.
RoomPhoenix: the website www.roomphoenix.com, owned by RentalPropertiesAmerica;
User: this is everyone who uses the services on RoomPhoenix;
Account: an individual section and / or group section that is created and managed by you when you log in to the Platform.
Landlord: a user who offers an Room on RoomPhoenix for rental in Phoenix.
Tenant: a user who is looking for a Room on RoomPhoenix.
The conditions below and Dutch law apply to RoomPhoenix. These conditions can be changed by RoomPhoenix without personal notification. Changes to these terms will be posted on the RoomPhoenix home page.
Article 2. Identity of RoomPhoenix 2.1 With its registered office in Groningen and trading under the name: RentalPropertiesAmerica, Chamber of Commerce number 02094127 and subject to VAT '' VAT number NL194275036B01 '' available at email@example.com
Article 3. Account on RoomPhoenix 3.1 In order to make optimal use of RoomPhoenix, you must create an Account in the manner described on the platform. You guarantee to RoomPhoenix that the information you provide when creating your Account is complete and correct. During registration you must also provide a password and username, with which you can access the Platform and your Account. 3.2 If you are under sixteen (16) years of age, you must have permission from your parents or guardian to create an Account. By accepting these terms and conditions, you guarantee that you are sixteen (16) years or older and / or have permission from your parents or guardian to create an Account. 3.3 You are responsible for the correctness and completeness of the data provided as well as for the adjustment of the data if these are no longer correct. You acknowledge and understand that the correctness and completeness of the data provided is of great importance for the optimal functioning of RoomPhoenix. 3.4 The data you provide during the registration process will be stored in a database and processed in accordance with the Privacy Statement that you can consult on the Platform. 3.5 You are responsible for keeping your password and username combination secret. You may not provide your username and / or password to third parties or give third parties access to your Account in any way. You are therefore also liable for all use that is made of the Platform via your username and password. RoomPhoenix can assume that you are actually the one who logs in with your username and password. As soon as you know or have reason to suspect that a username or password has come into the hands of unauthorized persons, you must let RoomPhoenix know. You also have an obligation to take effective measures yourself, such as changing the password. 3.6 RoomPhoenix is entitled at all times to change, adapt and / or close the Platform without becoming liable to pay damages to you in any way. If you cannot agree with the changes and / or changes that have been made, the only remedy is to stop using the Platform and delete your Account. 3.7 RoomPhoenix reserves the right to change the login procedure and / or your password and / or username if it deems this necessary in the interest of the functioning of the Platform. 3.8 RoomPhoenix is not liable for damage resulting from any unauthorized access to or use of the Platform by third parties. 3.9 You acknowledge and agree that by creating an Account, you automatically grant RoomPhoenix a free, unencumbered, worldwide, sublicensable, non-exclusive license to use certain data from the Account, such as the username and Account photo. to reproduce and make public the framework for offering the Platform, for example for promotional purposes. This license expires when you remove the Study Material and / or your Account from the Platform.
Article 4. Establishment of an agreement on RoomPhoenix 4.1 These general terms and conditions apply to the relations between the User and RoomPhoenix. 4.2 The Agreement to use the RoomPhoenix platform is concluded by creating an Account. 4.3 By creating the Account, acceptance of the general terms and conditions takes place. The general terms and conditions will be provided to the User in advance and can always be provided on the Platform. 4.4 The Agreement only extends to the use of the platform of RoomPhoenix and expressly does not regulate relations between tenant and landlord. These legal relationships must be regulated in separate agreements, such as a rental agreement.
Article 5. Display on RoomPhoenix 5.1 All images, specifications of the Service (s) on RoomPhoenix, on the leaflet, advertisements and the like are an approximate representation 5.2 RoomPhoenix cannot guarantee the correctness and accuracy of these statements. RoomPhoenix is authorized at all times to make changes to the Service (s) to be provided, in order to improve them or to comply with any legal requirement 5.3 In all cases in which the Agreement with the Other Party ends, these General Terms and Conditions will continue to govern relations between the parties insofar as this is necessary for the settlement thereof, or insofar as this arises from the nature of the clause in question.
Article 6. Room offer on RoomPhoenix 6.1 RoomPhoenix does everything in its power to keep the range of Room / Rooms in Phoenix as up to date as possible. RoomPhoenix is not responsible for the status of the Room / Rooms in Phoenix. 6.2 The Lessor is responsible for removing an Room from the platform as soon as the Room has been rented out. 6.3 In the event of problems and / or disputes regarding the rented property, the User must always contact the Lessor directly. 6.4 RoomPhoenix does not check the identity of the Landlord (s). The user must check and establish the identity of the landlord himself. 6.5 Landlords can themselves place information on the website about the Room / the Rooms in Phoenix. RoomPhoenix has no prior control or editorial supervision. RoomPhoenix will seriously investigate complaints about user content and intervene where necessary. Please contact us via firstname.lastname@example.org or use the feedback option of the RoomPhoenix platform here.
Article 7. Payment method and rates on RoomPhoenix 7.1 The payment method and rates have been provided to the User in advance. 7.2 The payment of a subscription is made through iDeal. 7.3 After creating the Account, a Subscription can be taken out for access to the Room offer for a certain period and can be paid with iDeal. A new subscription can be taken out after the subscription period, the current rates as published on RoomPhoenix apply. 7.4 If the User has taken out a subscription for a certain period, RoomPhoenix will not change the rate for that period. At the end of the subscription period, the current rates for subscriptions, as published on RoomPhoenix, always apply. 7.5 RoomPhoenix reserves the right to change the payment method.
Article 8. Rights and Obligations of the Other Party 8.1 The (electronic) traffic between the Other Party and other Users of RoomPhoenix is for the Other Party's own account and risk. The other party will refrain from conduct contrary to the General Terms and Conditions or Dutch law and / or regulations and will act and behave in accordance with what may be expected from a responsible and careful (online) User. The Other Party will refrain from hindering and / or causing damage to RoomPhoenix or third parties when using the Service (s) or the Website. This includes:
- infringing intellectual property rights;
- Database rights or other rights of third parties and / or of www.roomphoenix.com;
- Placing incomplete and / or untrue information;
- Placing incomplete and / or untrue information;
- Placing information that does not relate to the Other Party;
- Withholding information that is relevant to any Room / Rooms placed in Phoenix by the Other Party;
- Removing and / or changing the material that has been placed on the Website by others;
- Violating the privacy or publicity of RoomPhoenix;
- Violating or attempting to violate the safety of RoomPhoenix;
- Using the Service in such a way that the correct functioning of computer systems of RoomPhoenix or third parties is prevented, or that the use by others of the Service could be prevented;
- Changing, deleting, rendering data of third parties useless or adding data of third parties;
- Transferring and / or assigning any right or obligation that the Other Party has under these General Terms and Conditions or the Agreement to third parties. Without prejudice to the other provisions of this article, the Other Party will at all times refrain from improper use of the Services, the Website and the data that can be accessed through the Services or the Website. Improper use also includes:
- Sending unsolicited and without prior consent e-mails or other electronic messages of a commercial nature to Users of RoomPhoenix ('spamming') that do not serve the fulfillment of an advertisement (Room in Phoenix);
- Approaching Users for commercial purposes other than for which the User has registered with RoomPhoenix;
- Requesting or reusing substantial parts of the content of the database (s) of RoomPhoenix ('spidering' / 'harvesting' / 'by automated means, such as with the help of a search program, or otherwise via the Website or parts thereof) milk out '). If RoomPhoenix has a reasonable suspicion of improper use by the Other Party, then the Other Party RoomPhoenix will owe an immediately due and payable penalty of EUR 10,000 (ten thousand EUROS) per event without judicial intervention and RoomPhoenix is entitled to terminate the Agreement with the Other Party with immediate to dissolve the entrance. The Other Party, being a natural person, gives RoomPhoenix permission to send the Other Party unsolicited electronic messages regarding news, developments or other information relating to services provided by RoomPhoenix and its website, without prejudice to the Other Party's right in the to revoke the future.
Article 9. Room offer in Phoenix and landlord's obligations on RoomPhoenix 9.1 RoomPhoenix gives the Lessor permission to place Room / Rooms in Phoenix for rent on the Platform of RoomPhoenix. 9.2 The Landlord shall ensure that the description of the offered Room / Rooms in Phoenix corresponds to reality and is correct and as complete as possible. The description is sufficiently detailed to allow a good assessment of the Room by Room seekers. 9.3 With the added Room / RoomPhoenix in Phoenix, the Lessor has the right to place photo material on the Platform of RoomPhoenix. 9.4 The landlord ensures that the information about the content of the Room / Rooms in Phoenix is correct, that the photo material is good and not misleading, that the content does not violate any laws and / or regulations and is not offensive. is obscene, insulting. The intellectual property rights of third parties must also be respected. The landlord indemnifies RoomPhoenix against claims from third parties for a violation of the intellectual property right. 9.5 The landlord himself must ensure that the information is correct and current. If an Room in Phoenix is rented, the Lessor must remove this Room in Phoenix from the Platform within 3 working days. 9.6 As a Landlord it is not allowed to mention additional costs such as agency costs, key costs, brokerage or other costs in addition to the (basic) rent and additional delivery and services in the advertisement and to charge them to Room seekers. 9.7 If these obligations, as described in this article 9 paragraph 2 to 6, are not met, RoomPhoenix reserves the right to terminate the registration with immediate effect and / or access to the account without giving any reason. partially and temporarily blockable. Under no circumstances is the Lessor entitled to any form of compensation. 9.8 If a housing permit or sublet permit is required to rent out a Room / Rooms in Phoenix, this permit must be requested by the Landlord. The costs of obtaining such a permit for a Room / Rooms in Phoenix will never be borne by RoomPhoenix. 9.9 The landlord must always contact the tenant in the event of problems / disputes with regard to the rented property.
Article 10. Consent 10.1 When registering on the website RoomPhoenix you give explicit permission to be contacted by telephone or e-mail by RoomPhoenix for the purpose of Room mediation in Phoenix in the broadest sense of the word. In addition, by registering for RoomPhoenix you give permission to RoomPhoenix subsidiaries of RentalPropertiesAmerica to be contacted by telephone or e-mail about the labor market and study-related subjects. 10.2 RoomPhoenix is part of RentalPropertiesAmerica. RentalPropertiesAmerica will treat this information confidentially and will only make it available to a third party for the purpose of finding study, (temporary) work or filling a vacancy. You also give explicit permission for this when registering on RoomPhoenix.
Article 11. Liability of RoomPhoenix 11.1 RoomPhoenix does not accept any liability for damage resulting from the provision of the Platform or from tort or otherwise, other than as provided in this article. 11.2 If RoomPhoenix is liable towards you for damage, for whatever reason, the amount of the resulting compensation will be limited to the amount actually paid out by the insurance of RoomPhoenix in the relevant case. If the insurance of RoomPhoenix for whatever reason does not pay out, Articles 11.3, 11.4 and 11.5 apply to determining the amount of the compensation. 11.3 RoomPhoenix is only liable for direct damage (as described below) that you suffer as a result of a shortcoming and / or tort attributable to RoomPhoenix up to an amount of EUR 1,000. The total liability under the agreement will never exceed this amount. 11.4 Direct damage exclusively means: i. material damage to goods; ii. reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based; iii. reasonable costs incurred to determine the cause of damage, liability, direct damage and the manner of repair. 11.5 Any liability of RoomPhoenix other than for direct damage, including consequential damage, is excluded. In this context, consequential damage is in any case understood to mean: loss of profit, missed savings, reduced goodwill, damage due to business interruption, losses, costs incurred to prevent or determine consequential damage, loss, exchange or damage of electronic data and / or damage due to delay in the transport of data traffic and all other damage than that mentioned in article 11.4. 11.6 This liability limitation of RoomPhoenix does not aim to exclude RoomPhoenix 's liability for intent and / or deliberate recklessness on the part of RoomPhoenix ("own actions") and / or its managerial subordinates.
Article 12. Force majeure 12.1 There is no culpable shortcoming in the fulfillment of the agreement between User and RoomPhoenix, in case of force majeure. 12.2 Force majeure includes illness of employees and / or absence of employees who are crucial to the delivery of the Platform, interruptions in the supply of electricity, strikes, riots, government measures, fire, natural disasters, floods, shortcomings of suppliers of RoomPhoenix , shortcomings of third parties engaged by RoomPhoenix, failures in the connection to the internet, hardware failures, failures in (telecommunication) networks and other unforeseen circumstances.
Article 13. Termination 13.1 You have the right to stop using the Platform at any time and to terminate / delete your Account. 13.2 RoomPhoenix has the right to block your use of the Platform, close you and / or delete your Account if you act contrary to a provision of these conditions, including but not limited to Articles 3.3, 3.4, 3 and 5.7.
PRIVACY on RoomPhoenix RoomPhoenix takes the privacy of its users very seriously and will securely process and use information about you. This document sets out the Privacy Statement of RoomPhoenix. We recommend that you read this Privacy Statement carefully. If the capitalized words in this Privacy Statement are not defined in the Privacy Statement itself, they are defined in the general terms and conditions of RoomPhoenix.
• Article 1. Who is RoomPhoenix • Article 2. What information does RoomPhoenix collect and process? • Article 3. What are cookies and how does RoomPhoenix use them? • Article 4. For what purposes will RoomPhoenix use collected information? • Article 5. How does RoomPhoenix protect personal information? • Article 6. Transfer of company • Article 7. Transfer to countries outside the EU • Article 8. Information and correction of your data • Article 9. How far does RoomPhoenix 's responsibility extend? • Article 10. Can this Privacy Statement be changed? • Article 11. Questions?
Article 1. Who is RoomPhoenix RoomPhoenix is a company that offers an online platform on which users are offered the opportunity to get in touch with (tenant) tenants. This Platform is further defined in the general terms and conditions of RoomPhoenix. RoomPhoenix is located at Oosterland 6, 9765 BM in Paterswolde, and is registered in the Chamber of Commerce under number 02094127. The method of storage and use of your personal data has been registered with the College Bescherming Persoonsgegevens.
Article 2. What information does RoomPhoenix collect and process?
Tenant If you want to search for an Room in Phoenix using the Platform, you must create an Account. When such an Account is created, you are requested to provide certain information about yourself. Not all data is mandatory. You can always adjust the information provided in your Account.
Landlord (provider of Room / Rooms in Phoenix) If you want to offer a Room in Phoenix using the Platform, you must create an Account. When such an Account is created, you are requested to provide certain information about yourself. Not all data is mandatory. You can always adjust the information provided in your Account.
Automatically generated Information RoomPhoenix collects Automatically Generated Information from all users. This information consists of your surfing behavior on the Platform, such as the pages you visit, how long you stay on a certain page, what you offer or search for and the use you make of your Account. In addition, RoomPhoenix also collects your IP address, the type of your browser (computer program for viewing internet pages) as well as 'cookies'.
Article 4. For what purposes will RoomPhoenix use collected information? Purposes RoomPhoenix will use the personal data collected about you for the following purposes:
- to be able to offer the Platform to you as well as possible;
- to send you information about the Platform;
- to send you information about RoomPhoenix 's own, similar services;
- to promote the Platform;
- to compile anonymous statistical data and to secure the service;
- to provide information to RentalPropertiesAmerica and its sister companies;
- to send information about study and work-related information;
Article 5. How does RoomPhoenix protect personal information? RoomPhoenix has taken appropriate technical and organizational measures to protect your personal data against loss or any form of unlawful processing. For example, the Platform is secured in such a way that this environment cannot be accessed from outside without login codes. Your personal data is protected against unwanted use by means of a username and password. In addition, contact with the Platform itself is also secured. This security can be recognized by the mention 'https' in the URL (the web address bar) of the browser and by the image of a closed lock at the bottom of the computer screen. If the lock is clicked twice, it can be checked whether safe contact has been made with the Platform.
Article 6. Transfer of company As RoomPhoenix continues to grow and develop, one or more of its parts or assets may be transferred to a third party or RoomPhoenix may merge with a third party. In that case, your personal data can also be transferred.
Article 7. Transfer to countries outside the EU Given that RoomPhoenix uses Google Analytics, as described in Section 4 above, RoomPhoenix transfers your personal data to the United States. Google Analytics is part of the Safe Harbor program as part of Google. This means that Google has taken appropriate measures to protect your personal data. On the basis of this, RoomPhoenix is entitled to pass on your personal data to Google for the purposes described in paragraph 4, last paragraph.
Article 8. Information and correction of your data. You can always view your own personal data and change it in your Account if necessary. If you want an overview of all personal data that RoomPhoenix has recorded about you, you can request access to RoomPhoenix. RoomPhoenix will send this overview to you within four (4) weeks. You can then request RoomPhoenix to correct, supplement, delete or protect the collected personal data. RoomPhoenix will let you know within four (4) weeks if she will meet your request. For a request for inspection and / or improvement, addition, removal or shielding, please contact email@example.com.
Article 9. How far does RoomPhoenix 's responsibility extend? The Platform may contain hyperlinks with which you leave the Platform and end up on websites of third parties. RoomPhoenix has no control over the websites of third parties linked to. It is therefore possible that a different privacy statement applies to the use of these third-party websites. This Privacy Statement only relates to personal data obtained via the Platform. RoomPhoenix does not accept any responsibility or liability for (the operation and / or content of) websites of third parties.
Article 10. Can this Privacy Statement be changed? This Privacy Statement of RoomPhoenix can be changed. These changes will be announced via the Platform.
Article 11. Questions? If you have any questions about this Privacy Statement, you can send an email to firstname.lastname@example.org.