terms of use

Tenant Portal Terms of Use

Date: 7 June 2013

The Tenant Portal is brought to you via the Internet by Stichting DUWO, the largest student housing organisation in the Randstad area. The use of the Tenant Portal is subject to the following conditions. Any use of the Tenant Portal will imply acceptance of these conditions.
Deviations from these Terms of Use are binding only if they have been accepted in writing by DUWO.

Article 1. Registering with the Tenant Portal
1.1. The Tenant Portal allows you to arrange your housing online. You can conclude a tenancy agreement online, or you can offer accommodation online.

1.2. In order to use the Tenant Portal, you must first register. You do this by supplementing the data that is already known about you at DUWO with some additional data. You will be asked to verify your details and to accept these Terms of Use. As soon as you have done so, an activation code will be texted to the mobile number provided by you. You can register with the Tenant Portal by using this activation code. Once the registration is complete, you can use your e-mail address and password to directly log into your account.

1.3. Since your account contains a lot of personal details, it is important to protect these details from being accessed by unauthorised persons. Your password in particular must be kept strictly confidential. DUWO shall assume that everything that happens from your account after logging on with your username and password is done under your control and supervision. This means that you are responsible for all of these acts, except in cases of force majeure when unauthorised persons have gained access to your password without your consent. Should you obtain knowledge of this, please report this to DUWO immediately.

Article 2. Acceptable Use Policy
2.1. It is not allowed to use the Tenant Portal in a way that is contrary to any law or regulation.

2.2. In addition, it is also forbidden to use the Tenant Portal:

  • to spread or store information that is libellous, defamatory or racist;
  • to spread information in violation of any intellectual property, or to place hyperlinks to such information;
  • to spread information that is erotic or pornographic in nature (even if the information is itself legal);
  • to use indecent language;
  • to infringe upon the privacy of third parties, for example by spreading the personal data of third parties without authorisation or necessity, or by repeatedly harassing third parties by means of unsolicited communications;
  • to aid others in violating the rights of third parties, for example by placing hyperlinks to hacking tools or by posting an explanation about computer crime that is apparently meant to enable the reader to (have someone) engage in the criminal conduct described and not to defend oneself against such crimes;
  • and furthermore, to do all that is contrary to proper nettiquette.

2.3. On discovery of a violation of the aforementioned conditions, DUWO has the right to intervene.

2.4. If in the judgement of DUWO nuisance, damage or other danger may be caused to the computer systems or the network of DUWO or of third parties and/or the services provided via the Internet - in particular due to the excessive sending of e-mails or other data, leaking personal data, or the activities of viruses, Trojans and similar software - DUWO is entitled to take all measures it deems reasonably necessary to avert or prevent this danger.

2.5. You are responsible for the content you post. Therefore, you indemnify DUWO against all claims by third parties relating to this.

2.6. Please keep in mind that DUWO may report criminal offences.

Article 3. Maintenance and Availability
3.1. DUWO makes every effort to ensure the Tenant Portal is available, but does not guarantee uninterrupted availability.

3.2. DUWO actively maintains the Tenant Portal in order to provide the best possible service. If any maintenance is expected to result in limited availability, DUWO will perform such maintenance at a time when the use of the Tenant Portal is relatively low. If possible, maintenance will be announced in advance. Maintenance that is related to disasters can occur at any time and will not be announced in advance.

3.3. DUWO is allowed to change the functionality of the Tenant Portal from time to time. We welcome your feedback and suggestions in this regard. However, DUWO will ultimately be the one to decide what changes will or will not be implemented.

Article 4. Fee for Using the Tenant Portal
The Tenant Portal is offered to you completely free of charge.

Article 5. Intellectual Property
5.1. The Tenant Portal, all information and images on the DUWO website, as well as all associated software, are the intellectual property of DUWO or its licensors. They may not be copied or used in any way without separate written permission from DUWO, except in situations in which this is permitted by law.

5.2. Any information that you publish or store through the Tenant Portal is and will remain your property. DUWO has a user right to utilise this information for the Tenant Portal and all that is associated with it, including for advertisements about the  Tenant Portal.

5.3. The user right referred to in the previous paragraph is granted by you to DUWO for an indefinite period. The user right shall survive termination of the agreement. In exceptional cases where there is a compelling interest against the continued use of the information, DUWO may decide to modify or remove the information.

5.4. You may change any information you publish or store through the Tenant Portal at your own discretion. However, it is not possible to delete information.

5.5. DUWO will not take cognisance of any private data that you store and/or spread through the Tenant Portal, such as e-mails to potential new tenants, unless this is necessary to offer proper service or if DUWO is obliged to do so under a statutory provision or court order. In that case, DUWO will make every effort to limit its cognisance of such data as much as possible and insofar as this lies within the power of DUWO.

Article 6. Personal Information
When using the Tenant Portal, your personal data are processed. You authorise any form of processing that falls within the scope of the service. Please consult the DUWO privacy statement for more information.

Article 7. Duration of the Agreement and Termination of the Account
7.1. By registering with the Tenant Portal, you are entering into an agreement with DUWO. This agreement takes effect as soon as you use the Tenant Portal for the first time and continues indefinitely.

7.2. Termination of the agreement is possible if you are no longer making use of housing through DUWO.

7.3. To terminate your Tenant Portal account, please contact DUWO. The contact details can be found at the bottom of these Terms of Use.

Article 8. Liability
8.1. You are personally responsible for any actions you perform on and via the Tenant Portal. 8.2. In case of damage that is directly related to the Tenant Portal, DUWO will reimburse the user for a maximum amount of €500.00 (five hundred Euros) per user.

8.2 Any right to compensation is subject to the condition that you inform DUWO of the harmful event in writing within two months following its discovery.

8.3. In the event of intent or gross negligence on the part of DUWO, the restriction referred to in Article 8.3 shall not apply.

8.4. DUWO is in no way liable for any indirect damage such as, but not limited to, consequential damage.

8.5. In cases of force majeure, DUWO shall never be held to compensate for any resulting damage on your part. Force majeure shall include the malfunctioning or breakdown of the Internet or the telecommunications infrastructure, power failures, civil unrest, mobilisation, war, traffic jams, strikes, lockouts, business interruptions, supply stagnations, fire and flooding.

Article 9. Changes in the Terms of Use
9.1. DUWO may change these Terms of Use at any time.

9.2. DUWO will announce the changes or additions via the Tenant Portal at least thirty days prior to their entry into force, thus allowing you to take cognisance of them.

9.3. If you do not wish to accept a change or addition, you can terminate the agreement until the date of entry into force. Using the service after the date of entry into force will imply acceptance of the changed or added Terms of Use.

Article 10. Final Provisions
10.1. The online conclusion of a tenancy agreement is subject to the Rental Conditions. These are offered through the Tenants Portal prior to the conclusion of the tenancy agreement.

10.2. Both the use of the Tenants Portal and these Terms of Use are governed by Dutch law.

10.3. Insofar as not otherwise prescribed by mandatory law, all disputes associated with the Tenants Portal shall be submitted to the competent Dutch court in the district in which DUWO is located.

10.4. If any provision of these Terms of Use or in the Tenant Portal requires that a message should be sent "in writing", this requirement shall also be met if the message is sent by e-mail or through the Tenant Portal, provided that it has been sufficiently established that the message is indeed from the alleged sender and the integrity of the message has not been affected.

10.5. The version of communications or information as stored by DUWO shall be deemed accurate unless you provide evidence to the contrary.

10.6. If any provision of these Terms of Use is found to be invalid, this shall not affect the validity of the remaining Terms of Use. In this case, the parties shall undertake to replace such invalid provisions with one or more new provisions that correspond as closely as legally possible to the intent of the original provisions.

10.7. DUWO is entitled to transfer its rights and obligations to a third party that is taking over the activity concerned from DUWO.

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