General Terms and Conditions ISS
International Student Services B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), duly incorporated and validly existing under the laws of the Netherlands, with registered office in Amsterdam, the Netherlands, and its principal office at (1053 TZ) Amsterdam, the Netherlands registered with the Trade Register (Handelsregister) at the Chamber of Commerce (Kamer van Koophandel) under number: 74122967.
Article 1 - General
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
2. Provider: the natural or legal person in the exercise of a profession or business who offers services or products to Users via the Website.
3. Offer: the offer of a Provider to a User.
4. Services: making the Website available to Users and facilitating the conclusion of an agreement between User and Provider.
5. User: the natural person who does not act in the course of a profession or business and who uses the Website.
6. ISS: the service provider that makes the use of the Website available to a User and a Provider.
7. Website: the website https://iss-holland.com/ with which the User can use the services offered by the Provider(s).
Article 2 - Applicability
2. Deviation from these general terms and conditions is not possible.
3. ISS handles the (personal) data of the User with care. Processing of personal data will only take place in the context of the performance of the Services of ISS. ISS will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the privacy statement of ISS.
4. The ISS website is in principle not accessible to minors, unless the minor (aged 16 or older) can demonstrate that she has written permission from a parent and/or legal guardian showing that the minor may perform the act in question independently, unless the act in question is customary in society without written permission.
5. User must create an account before User can purchase a service from a Provider.
6. By booking a service, the User immediately enters into an agreement with the Provider for the execution of the Offer as chosen by the User. Unless otherwise agreed with the relevant Provider, the User is bound by the service, and the User is not entitled to a refund of monies already paid.
7. As the provider of the Website, ISS is not a contracting party to the agreement that may be concluded between the User and the Provider.
8. When an agreement is concluded between the Provider and the User, the general terms and conditions of the relevant Provider apply to the purchase of services and/or products by the User.
Article 3 - Offer
1. The Offer of the Provider(s) is published by ISS on the Website, based on the information provided by the Provider. ISS is never liable for the content of the Offer and/or information about the Provider on the Website.
2. The User is aware of the content of the Offer as well as his rights and obligations associated with accepting the Offer by booking and/or paying for the service of the Provider.
Article 4 - Use of the Website
1. The User is prohibited from copying and/or otherwise reproducing, publishing or changing the (content) of the Website without the prior written consent of ISS.
2. The User is expressly prohibited from infringing the intellectual property rights of ISS, as well as the good name of ISS. All intellectual property rights and copyrights of the Website, including the graphic designs, ideas and the like relating to the Website are vested solely in ISS and are expressly not transferred to User.
3. The User ensures that all data, of which ISS indicates that they are necessary or of which the User should reasonably understand that they are necessary for access and/or use of the Website is correct and provided to the Website in a timely manner. In the event of the defaulting of the reasonably requested the Website has the right to recover lost revenue from extra work.
4. ISS is not liable for damage, of whatever nature, caused by ISS based on incorrect and/or incomplete information provided by the User, unless ISS was aware of this inaccuracy or incompleteness.
5. The User is at all times responsible for all data and information that he places on the Website or in his account. If the User suspects that the information provided by him is incorrect or incomplete, the User will immediately inform ISS and still provide the correct information. User must keep his data up-to-date and can adjust his data in his own account for this purpose.
6. ISS is entitled to change (parts of) the Website, as well as its Services. User will be informed of any changes in a timely manner.
7. The User is obliged to respect all technical protections and other facilities of the ISS Website, as well as the intellectual property rights resting thereon.
8. The User has an independent responsibility for the use of the Website. The User is at all times obliged to adhere to the following rules while using the Website. User must refrain from:
- Publishing and distributing data via the ISS website, in violation of Dutch laws and regulations, including in any case: data without the permission of the copyright owner, libelous information, or information that insults, discriminates against, threatens, is racist in nature, is hate speech, and information that contains child or otherwise punishable pornography. Also information that violates the privacy of third parties (including stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (which refers to such information on Third Party Websites), loans, lotteries and/or gambling (gambling), drugs as well as all other content that can harm the internet or e-mail traffic of third parties.
- Starting up and/or downloading, whether or not via the Website itself, of processes or programs of which the User knows, should know or can reasonably suspect that this hinders or causes damage to the ISS or third parties.
9. ISS is not liable for damage caused by complications related to the availability or operation of information from third parties, as well as damage resulting from use of the Website contrary to conditions or purposes other than those for which the Website is intended.
Article 5 - Notice and Takedown
1. In the event of (possible) criminal acts, ISS is entitled to report this and to hand over the data provided by the User to the competent authorities, as well as to perform all acts that are requested of it in the context of the investigation. ISS has the right to deny the User access to the Website and/or to terminate the use of the Website.
2. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the User.
3. The User is responsible for the proper security of the (mobile) device on which he uses the Website, as well as for securing and keeping his/her own login details confidential.
4. If and insofar as there is an infringement of the rights of ISS or third parties and/or unlawful acts by the User, ISS is also entitled to remove the User's account or to impose restrictions on the use of the account in any other way from User. ISS will immediately remove any infringing/damaging information. Under no circumstances is ISS liable for the damage suffered by the User, of whatever nature as a result of the User's actions.
5. Any User may report directions and/or complaints to ISS about an infringing Offer, or complaints about other Users. A report can be made via firstname.lastname@example.org
6. If ISS finds that a User is abusing his account, in the broadest sense of the word, ISS will remove and/or block or suspend User's account.
Article 6 - Availability Website
1. ISS does not guarantee that the Services will always meet the expectations of the User. ISS makes every effort to offer (access to) the Website to the User uninterrupted as far as possible, but does not guarantee the full availability of the Website at all times. ISS is entitled to suspend the use of the Website if and insofar if there is a danger to the error-free functioning of the Website in its opinion. ISS is furthermore entitled to take all measures it deems reasonably necessary to guarantee the effective functioning of the Website.
2. ISS only offers the use of the Website. ISS is in no way involved in the conclusion of an agreement between Users and Providers and the execution thereof.
3. ISS never has responsibility for and/or influence on the delivery of the services or products offered by Providers. All information and numbers displayed on the Website are subject to spelling or typing errors. ISS is never liable if the services or products of the Provider do not meet the expectations of a User.
Article 7 - Conclusion of agreement
1. The agreement is concluded at the moment that the User makes the agreement final by clicking on the “Next” button during the placement process of a service from the Provider via the ISS website.
2. ISS will electronically confirm the agreement with the Provider to the User at the email address provided by the User.
3. The agreement can only be performed by the Provider if the User has provided his/her contact and name and address details completely and correctly unless stated otherwise. The User is obliged to report inaccuracies in the stated payment details immediately to ISS or the Provider.
Article 8 - Cancellation of the agreement
1. Unless otherwise agreed in writing, a User can cancel the agreement with a Provider free of charge up to 24 hours before the relevant service.
2. The Provider has the right to cancel the service if the User has not filled in his or her details completely and/or correctly.
3. ISS has the right to refuse a service or to cancel an agreement on behalf of the Provider if ISS suspects that there is abuse by the User's account/authenticity of the service. In case of abuse, ISS will also report to the police.
4. Money already paid will be refunded by ISS as soon as possible to the same account as the account with which the User paid for the service.
Article 9 - Payment
1. The moment the service is finalized by the User, the User is obliged to pay the Provider for the service. User can pay for the service via the Website as indicated by the Provider.
2. In principle, refunds are not possible. Reversal is only possible if the User has planned a service and the service is canceled by the Provider. Refunds will only be made to the same account as the account from which the payment was made.
3. The use of the platform is free. If a User clicks on the service or product of a Provider, the User will have to make a payment via the website of the concerning Provider.
Article 10 - Limitation of Liability
1. ISS is not liable if ISS is unable to fulfill its obligations as a result of a force majeure, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault, and is not for its account by virtue of the law, a legal act or generally accepted views. Force majeure is in any case understood to mean, but is not limited to what is understood in this regard in law and jurisprudence, (i) force majeure of suppliers of ISS, (ii) failure to properly fulfill obligations of suppliers, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at ISS company and (xi) other situations that, in the opinion of ISS, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
2. If and insofar as any legal provision does not oppose this, ISS excludes all liability for damage suffered by the User on the basis of (i) the use of the Services of ISS, (ii) purchase of the services of Providers via the Website, (iii) the Website not being available or not being fully or securely available, (iv) changes in, to or on the Website or Services of ISS and (v) any incorrect and/or incomplete information on the Website.
3. ISS excludes all consequential damages. This also includes all indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
4. If and insofar as ISS appears to be liable, its liability is limited to a maximum amount of 1000 euros.
5. All claims of the User due to shortcomings on the part of ISS lapse if they are not reported to ISS in writing and with reasons within one year after the User was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the agreement between the parties, the liability of ISS lapses.
Article 11 - Indemnification
The User indemnifies ISS against claims from third parties with regard to the damage suffered by them on the basis of (i) the use of the services/products of the Provider, purchased via the Website, (ii) the use of the Services of ISS, (iii) the unlawful content of the Offer and/or the services/products provided by the Offeror and (iv) the conclusion of an agreement with the Offeror on the basis of an Offer.
Article 12 - Complaints
1. If a User is not satisfied with the Services of ISS, the User is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported verbally or in writing via email@example.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the User for ISS to be able to handle the complaint.
3. ISS will as soon as possible, but no later than 7 calendar days respond substantively to the complaint after receipt of the complaint.
4. The parties will try to reach a solution together.
ISS is free to adjust (parts of the) Website, as well as the content of its Services and these general terms and conditions. The amended terms and conditions will be published on the Website with the latest updated date. The User will also receive an email with the relevant changes 30 days prior to the entry into force of the amended terms and conditions. If the User does not agree with the content of the changes, the User can immediately terminate the agreement. User will receive a further e-mail about the way in which the agreement can be terminated. If the User does not reject or otherwise object in a timely manner, at least not before the date on which the changes take effect, or if the agreement is terminated, the User agrees to the amended terms and conditions. Even if the User uses the Website from the date on which the changes come into effect, the User is deemed to have accepted the changed terms and conditions.
Article 14 - Applicable law
1. The legal relationship between ISS and User, and ISS and User is governed by Dutch law.
2. All disputes arising from or as a result of the agreement between ISS and the User, or due to the use of the Website by the User, will be settled by the competent court of the District Court of Amsterdam unless mandatory provisions require another competent appoint a judge.
Amsterdam July 1, 2021