Terms and Conditions
Welcome to Stuudje. These Terms and Conditions apply to the use of the Platform of Stuudje (Stuudje V.O.F.). Please read these Terms and Conditions (hereinafter referred to as the “Terms of Use”) carefully in order to ensure that you are aware of your rights and obligations when using the Platform. By using the Platform, opening an account, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree, on behalf of yourself or any other entity (if applicable), to be bound and abide by these Terms of Use, our Privacy Policy, as well as the other compulsory provisions on the Platform whether or not they are recalled in these Terms of Use (including the Trust and Safety Policies).
You are only allowed to use the Platform when you are not a minor. For minors, a parent or guardian (adult) must register for the use of the Platform and supervise the use of the Platform by the minor.
These Terms of Use, inter alia, describe the following aspects of the relationship between you and Stuudje:
· The functionalities of the Platform (articles 3- 6);
· The provision of creating a Profile (article 5);
· The provision of Books, Study Resources, Summaries, and Other Products (article 6) and Services (article 7);
· The provision of the Stuudje Communities (article 8);
· The limitation of liability of Stuudje (article 11);
· The notice procedure (article 13) and;
· The takedown procedure (article 14).
Article 1. Definitions
In these Terms of Use, the terms listed below have the following meaning:
1.1 Borrower: a User who borrows Books, Study Resources, or other products on Stuudje for an with the lender agreed upon period of time.
1.2 Buyer: a User who buys or wishes to buy one or more Products or Services on the Platform.
1.3 Information: all information placed on the Platform by Stuudje itself, including – but not limited to – the layout and look and feel of the Platform, the logos, and trademarks as well as texts.
1.4 Intellectual Property Rights: any and all intellectual property rights and associated rights such as copyrights, trademark rights, patent rights, model rights, trade name rights, database rights, and neighboring rights as well as the rights to know-how and one-line performances (“eenlijnsprestaties”).
1.5 Lender: a User who lends out Products on Stuudje.
1.6 Platform: the online environment developed and offered by Stuudje, which enables students to exchange Study Books, other Study Materials, and Services and create Communities and interact with each other, all of which can be accessed through the Stuudje application for tablets and smartphones (“App”).
1.7 Private Messages: communication by an exchange of private messages between Users via the Platform’s messaging system, which can only be accessed by the Users concerned.
1.8 Product: Books, Study Resources, Summaries, and other products on Stuudje.
1.9 Profile: an individual section created and maintained by you when you register for the Platform.
1.10 Seller: a User who sells Products or Services on Stuudje.
1.11 Services: all the services offered by the Platform including coaching/tutoring, training in exams, and other services.
1.12 Student / you: a User of the Platform from primary school to higher education.
1.13 Study Resources: all resources used for educational purposes in any format, real or virtual that are provided by Students or that Students make accessible or publish using the Platform.
1.14 Stuudje: Stuudje V.O.F., having its registered offices at Fluitekruidstraat 53, 1313KT Almere, and registered at the Dutch Chamber of Commerce with company registration number 81401116.
1.15 Study Communities: groups on the Platforms in which Students can communicate by creating threads, adding files and links, and storing them in categories.
1.16 Terms of Use: these Terms and Conditions that apply to Users of Stuudje.
1.17 User: any individual who uses the Stuudje Platform, by having created an account on the Platform and having accepted the Stuudje Terms of Use.
Article 2. Applicability
2.1 These Terms of Use govern every use of the Platform. By using the Platform, you accept these Terms of Use. The applicability of any other terms and conditions is excluded.
2.2 Stuudje is entitled to amend or supplement these Terms of Use. The most up-to-date Terms of Use can be found on the Platform. In the event of an amendment or supplementation that significantly affects your rights or obligations, Stuudje will bring these changes to your attention during the use of the Platform.
2.3 In the event that you continue the use of the Platform after these Terms of Use have been amended or supplemented, you thereby irrevocably accept the amended or supplemented Terms of Use. If you do not agree with the amended or supplemented Terms of Use, the only option you have is to no longer use the Platform and to terminate your Profile.
Article 3. Availability
3.1 You accept that the Platform contains only the functionalities and other characteristics as found on the Platform at the time of use. Stuudje expressly excludes any explicit and tacit guarantees, undertakings, and warranties of any nature whatsoever including, but not limited to, with regard to the quality, safety, lawfulness, integrity, and accuracy of the Platform, unless explicitly stated otherwise in these Terms of Use.
3.2 You accept that the functionalities of the Platform may change.
3.3 Stuudje is entitled to put the Platform (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you, if in the opinion of Stuudje this is necessary, for instance, for maintenance of the Platform.
3.4 Stuudje does not guarantee that the Platform or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Platform can occur as a result of failures in the internet or phone connection or by viruses or faults/defects. Stuudje is not liable or obliged to Students to pay compensation in any way whatsoever for any damage resulting or arising from the app or website being (temporarily) unavailable.
3.5 Stuudje is at any time entitled to change, alter or shut down the Platform without becoming liable to you in any way. If you do not agree with the changes and/or amendments made by Stuudje, your only remedy is to cease the use of the Platform and to delete your Profile.
Article 4. The Platform
4.1 Stuudje offers a Platform for students from primary school to higher education. Stuudje offers the possibility for students to create communities where students can create groups on the Platform in which Students can communicate by creating threads, where students can add files and links, and store them in categories. Stuudje also provides a marketplace where students can exchange Books, Study Resources, Summaries, and Services. The Platform also has an agenda option, making it possible for students to have an online agenda in their account. Stuudje’s mission is to empower students to excel at their studies and make school life easier.
4.2 Stuudje is not a party to any transaction between Users. Under no circumstances will Stuudje buy, sell or exchange Products or Services shown on the Platform nor claim to do so.
4.3 Through the platform Students gain access to Products and Services posted by other Students. Stuudje accepts no liability whatsoever for the Products or Services offered by you or other Students by means of the Platform. Stuudje also accepts no liability whatsoever for any content in the Stuudje Communities.
4.4 The Platform may contain links to third-party websites that are not owned or controlled by Stuudje. Stuudje has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
4.5 These Terms of Use, the Privacy Policy, and the other regulations published on the Platform apply to the Users.
Article 5. Profile
5.1 In order to have full access to the Platform and to be able to use certain functionalities, you have to create a Profile in the way described on the Platform. When creating a Profile, you must give an email address and password which will allow you to access the Platform and your Profile. You can also register using your existing Facebook or Google account.
5.2 You are only allowed to use the Platform when you are not a minor. For minors, a parent or guardian (adult) must register for the use of the Platform and supervise the use of the Platform by the minor.
5.3 You are responsible for maintaining secrecy with regard to your registration details. As soon as you know or have reason to assume that your username and/or password has come into the hands of unauthorized persons, you must inform Stuudje of this, without prejudice to your own obligation to take immediate effective measures yourself such as changing your password. You accept and acknowledge that you are at all times responsible and liable for the use of the Platform by third parties via your Profile.
5.4 For the purpose of performing these Terms of Use as a contract with the User and for other legal purposes, Stuudje will process the personal data of the User as described in the Privacy Policy.
5.5 You acknowledge and agree that by creating a Profile, your username and (if provided) profile picture are visible to other Students if you post Products, Services, and/or place threads, or comments.
Article 6. Books, Study Resources, Summaries, and Other Products
6.1 By means of the Platform, Students can post Books, Study Resources, Summaries, other Products, or Services. Students can choose to sell their Products in exchange for money. Stuudje also offers the option to lend out a Product for an agreed period.
6.2 To sell or lend out a Product, all of the requirements set out in this section and the following conditions must be fulfilled:
The Seller must ensure that his/her Products comply with the rules of the Platform.
The Seller must be the owner of the listed Products.
The sale, exchange, use, or possession of such Products must not violate the rights of any third party, must comply with intellectual property rights, and must not violate any local, national or international applicable law or regulation.
The Product must comply with the commonly applied requirements on the market for this type of Product depending on the nature of the transaction unless there is an agreement to the contrary between the Buyer and Seller.
6.3 The Seller or Lender, when wishing to add a Product to the Platform, must complete the questionnaire regarding the listing of the Product. The Seller or Lender must select the product type, add a title, select the educational level, fill in the product condition, describe the Product as accurately as possible, indicate any possible faults, and – if applicable – state the price of the Product. The Seller or Lender, when he/she adds the Product to the Platform, represents that it complies with the description provided and that this description is exhaustive.
6.4 Your Profile will state what Products you offer on the Platform.
6.5 The quantity of Products you offer on the Platform is unlimited. The listing of the same Product more than once on the Platform is forbidden.
6.6 The Seller or Lender who added a Product to the Platform, may withdraw it, amend the price, or amend the shipping method at any time, before entering into contact with a User for the sale or exchange of the Product in question. Whether a bought Product can be canceled, is up to the agreement between Buyer and Seller.
6.7 The shipping method should be agreed upon between Buyer and Seller and/or Lender and Borrower. The shipping costs should be included in the total price. Payment method is also upon agreement between Buyer and Seller and/or Lender and Borrower. This means Parties are free to agree upon the payment method, shipping method, and shipping costs. It is important to make clear agreements about this.
6.8 You understand and accept that you are responsible and accountable for the Products and content you post on the Platform. You decide what Products and information you post on the Platform. Stuudje is not liable to you or any third party for any damages arising out of or in relation to the Products or content created and shared by you within the Platform.
6.9 You understand and accept that Stuudje does not, and is under no obligation to, check or (re)view Products or Services of other Students. Stuudje has no knowledge of and/or influence on or involvement with the Products or Services posted by Students.
6.10 If you are of the opinion that certain Products or content is unlawful, you can report this to Stuudje. Stuudje retains the right to remove this.
6.11 Stuudje retains the right to decline or remove Products or content from the Platform (for example if the Product in question is reported and/or gets negative ratings) and/or to relocate the Product, without accepting any responsibility or liability for its contents, without being held liable for any damage and without being obliged to pay any compensation.
6.12 You can delete your Products in your Profile.
6.13 Stuudje is not liable or obliged to Students to pay compensation in any way whatsoever for any damage resulting or arising if a loaned item comes back to the Lender damaged or does not get returned.
Article 7. Services
7.1 Unless stated otherwise, all other Articles in the Terms of Use also apply to Services. This Article provides a few additional provisions.
7.2 Stuudje offers the option to provide Services on the Platform: coaching/tutoring, training in exams, or other Services.
7.3 Stuudje is a neutral intermediary and is therefore not responsible or liable for the content or exchange of documents. Also, Stuudje is not responsible or liable for Services provided on the Platform, such as coaching/tutoring, for instance (the content or level of Services. All Services, including the content, price, and frequency, are upon agreement between Buyer and Seller.
7.4 Stuudje respects the (Intellectual Property) Rights of others and takes the protection of (Intellectual Property) Rights seriously. Although Stuudje is not liable for any damages in connection with the (illegal) use of the Platform by Students, Stuudje will remove Products or Services that is (are) infringing and/or unlawful and stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
Article 8. Stuudje Communities
8.1 To the extent applicable, all other Articles in the Terms of Use also apply to Stuudje Communities and other provisions regarding Stuudje Communities in other Stuudje regulations. This section provides a few additional provisions.
8.2 The administrator of a Community is responsible for ensuring that the Community complies with all applicable laws, statutes, and regulations.
8.3. Users must respect all the applicable regulations, including the Trust and Safety policies. Sections 10 and 11 elaborate more on this aspect (and other Stuudje content).
8.4 Users may create threads by using their usernames. Stuudje may not be held responsible if the identity of a User who has posted a message or a topic is nevertheless made public, regardless of whether this is owed to actions committed by the User, or owed to actions of a third party, of which Stuudje had no knowledge, or owed to the absence of protective measures taken by Stuudje.
Article 9. Interaction and messages on the Platform
Private messages
9.1 The exchange of Private Messages between Users is solely for the purpose of exchanging information between Users regarding the Products or Services. If a User sends Private Messages to another User, he/she must ensure that he/she does not send:
· messages or information that feature advertising (unless as permitted);
· messages including asking or accepting direct payments (outside the Platform);
· spam or content spreading viruses or worms;
· mass mailing messages of any other kind whatsoever (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not asked to receive them);
· messages containing texts contrary to good moral standards and public order, inappropriate, insulting or defamatory messages or those otherwise regarded as incompatible with these Terms of Use and the interests of Users;
· messages of an unlawful nature or otherwise attempting to cause harm to other Users and/or the Platform;
· messages that may qualify as harassment of any kind whatsoever.
9.2 If a Private Message contains prohibited content, the Private Message, and User that sent the Private Message may be, without limiting other remedies, automatically blocked in accordance with section 14 below and/or hidden from the User to whom it was sent. The User, who is the sender of the Private Message that has been blocked and/or hidden, will be warned of his/her obligation to comply with the Terms of Use and informed that Stuudje may take further steps such as suspending the User's Account in case of renewed violations. Unless for reasons stated in the Privacy Policy, Stuudje never has access to the content of Private Messages, including those that are blocked and/or hidden.
Article 10. Your obligations and use of the Platform
10.1 The User undertakes:
· when registering on the Platform, to provide truthful information about him/herself, in particular his/her username and email address;
· to register on the Platform only once and not to create more than one Account;
· not to use the Platform with the aim of undertaking unlawful actions or transactions or fraudulent actions;
· when using the Platform, to provide objective, correct, exhaustive and detailed information about the exchange and/or the intended sale;
· to ensure that the price proposed for the exchange and/or the sale of the Products, as well as other information regarding them, is correct;
· not to copy the information appearing on the Platform and uploaded by Stuudje or another User of the Platform, or to use them unlawfully.
10.2 The Users undertake to comply with the following rules when using the Platform:
· Not to use (in particular share and/or publish) misleading or incorrect information and/or data;
· Not to use (in particular share and/or publish) photographs for which the respective User does not hold the intellectual property rights (in general, these are photos found on the Internet);
· Not to use (in particular share and/or publish) photographs (i) on which people other than the respective User itself visible, unless the other visible people have consented to the publication of these photographs; or (ii) which are or may be considered contrary to good moral standards and/or public order (for example erotic photographs, pornographic photographs or photographs with violent contents);
· Not to publish any content praising, promoting, encouraging or inciting terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-injury, suicide, torture, cruelty to animals, apology of war crimes, sexual exploitation of children and/or adults, cults;
· Not to offer and/or to sell and/or to buy and/or to exchange and/or to transfer Products or add any content in breach of the intellectual property rights of third parties, such as registered trademarks and/or other signs to the extent they are protected by the applicable law (such as for example company signs in certain jurisdictions) and/or design rights and/or copyrights;
· Not to violate the rights of ownership and/or the personal rights of third parties (including intellectual property rights). This includes adding Products as your own work if it is not, as this is in breach of copyright. This is also plagiarism and constitutes academic misconduct at all academic institutions;
· Not to violate applicable laws and/or regulations;
· Not to act contrary to public order and/or good moral standards;
· Not to use (in particular share and/or publish) programs and/or computer files which contain viruses, or which might (i) disrupt the normal operation of the Platform, (ii) infect the computers or phones of Users and, therefore, lead to losses for the User or his/her assets or (iii) prevent the User from using the Platform or the User’s computer or phone;
· Not to make available information in which personal data of others is mentioned, other than in compliance with applicable law;
· Not to offer and/or share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by the Platform.
10.3 The Users undertake not to collect, hold concurrently, transmit to third parties, make public, publish or disclose data of the Users of the Platform or data on the actions of Users of the Platform, including transactions, their number, type, price, etc., if the data became available in an illegal manner or following an unlawful action or an omission.
10.4 The Users undertake not to collect, hold concurrently, transmit to third parties, make public, publish or disclose information that appears on the Platform, if such may affect the rights of other Users.
10.5 Within the limits of applicable laws, Stuudje is not responsible for the behavior of a User when the latter uses the Platform. In particular, Stuudje is not responsible for the poor implementation or failure to implement transactions by Users.
10.6 The User undertakes to keep his/her login details and password confidential with regard to third parties, apart from the people who have been authorized by the User to use his/her login details.
10.7 The User undertakes to immediately update information on the Platform that is no longer relevant owing to amendments to his/her data (in particular, the information provided during the registration on the Platform), as well as no longer relevant information on the Products added to the Platform and their condition.
10.8 When using the Platform, the User represents that:
· he/she is an individual aged 16 years or more (otherwise, the parent(s) or legal guardian must sign-up in his/her place),
· he/she accepts and complies with the Terms of Use and all the other contractual documents, such as the Privacy Policy as well as the other rules of the Platform;
· he/she understands that he/she is fully responsible for the transactions carried out;
· he/she understands that when ordering a Product, he/she undertakes to buy or exchange this Product, and that the failure to carry out this transaction may oblige him/her to reimburse the losses suffered by the Seller.
10.9 Stuudje will not be obliged to perform any payment, taxation, levy, or deduction of any nature whatsoever to anyone as a result of Products posted by you, including to persons or parties whose work, model, brand, or performance is included in the Product, including to collective rights organizations.
10.10 Stuudje reserves the right, without prior notice, to abridge, alter, refuse and/or remove Products and/or content or comments by you if this is necessary in Stuudje’s opinion, without this resulting in any liability.
10.11 Stuudje is entitled to (temporarily) restrict or suspend your activities in connection with the Platform and/or to delete your Profile in the event you violate these Terms of Use in accordance with section 14.
Article 11. Responsibility and Liability
11.1 This Article provides additional provisions regarding liability. All other liability provisions of these Terms of Use should also be regarded in this matter, such as the Articles 3.4, 4.3, 4.4, 6.8, 6.9, 6.11, 6.13, 7.3, 7.4, 8.4, and 10.5 of these Terms of Use.
11.2 All Users are fully responsible for all the information they post on the Platform and, if applicable, for the Products they offer, sell or lend out to other Users. In particular, when a User adds Products to the Platform, the User recognizes and accepts that he/she is fully responsible for uploading the Product, its description, confirmations, the accuracy of the other details provided, and communication with other Users (including Private Messages and feedbacks) and, in general, the transactions undertaken with other Users and disputes that could result from them (hereinafter together referred to as the "Content").
11.3 In this respect, Users must respect all the applicable regulations. Users must in particular refrain from (i) violating the rights of third parties, (ii) violating intellectual property rights or listing counterfeit items, (iii) inciting offenses or crimes, discrimination, hate or violence based on race, ethnic origin, or nationality, (iv) communicating incorrect information or confidential information, (v) making defamatory comments, (vi) committing actions that might place minors in danger, (vii) publishing the personal data of other individuals or breaching privacy rights or (viii) usurping the identity of someone else.
11.4 In the event that the Content does not respect the applicable regulations in accordance with section 11.3 or, generally if a User does not comply with these Terms of Use, the User recognizes and accepts that he/she is solely responsible for the resulting direct and indirect losses of third parties or Stuudje. Consequently, the User recognizes and accepts that, in its capacity as hosting provider, Stuudje will under no circumstances undertake any verification of the Content and, to the extent permitted by applicable law, will under no circumstances be held responsible for such damages or losses suffered by Users and/or third parties. In particular, without this list being exhaustive Stuudje will not be held responsible for: (i) actions or omissions of Users, (ii) the information posted on the Platform by Users, their topics, their accuracy, their exhaustiveness and/or their compliance with the applicable regulations or (iii) the quality and quantity of Products Users sell, buy, lend out or borrow via the use of the Platform, nor their compliance with the description given.
11.5 Stuudje is not responsible for the Content uploaded online by Users. Users are responsible for their Content uploaded online. Stuudje accepts no liability whatsoever for damages resulting from the provision of the Platform, including damage resulting from or in connection with the use of the Platform or from wrongful acts or otherwise, in so far as this is permitted pursuant to mandatory law.
11.6 Stuudje will remove User’s Content that has been duly notified to it in accordance with the procedure outlined in section 13 and with applicable laws and which is in violation of applicable laws and/or Stuudjes’ policies, that is all rules/regulations governing the use and operation of the Platform. Stuudje may take action against the User, in particular regarding the usability of his/her Profile, as provided for in section 14 below. If any User discovers Content condoning crimes against humanity, inciting racial hatred and/or violence, concerning child pornography or any other unlawful content, Stuudje must be informed immediately.
If such Content is reported, Stuudje will immediately, without notice, suspend the account of the User and remove the Content concerned, as provided for in section 14 below. Stuudje will suspend the transactions underway while investigating the matter, which may result in Stuudje in particular taking any of the actions stipulated in section 14.
If a User believes that some Content might violate these Terms of Use and/or their rights and/or the rights of a third party (e.g. counterfeiting, insult, breach of privacy rights), the User may notify this to Stuudje.
If such Content is reported, Stuudje may take action against the User, in particular regarding the usability of his/her Profile, as provided for in section 14 below. More generally, Users will refrain from uploading any kind of Content that is unlawful, false, or inaccurate. Users must act and use the Platform in good faith.
11.7 The Seller or Lender is responsible for the delivery of a Product in proper and due form to the Buyer, in accordance with the conditions communicated by the Seller or in accordance with the conditions agreed by mutual agreement. In any event, if a dispute arises between the Buyer and the Seller regarding the delivery of the Product, the Seller must prove that the Item was dispatched (e.g. this may be in the form of a tracking number, an invoice, or a document from the express delivery company). The user understands and accepts that Stuudje is not responsible for disputes occurring between Buyers and Sellers, will not provide assistance, and will not be involved in their settlement. These disputes may be resolved in accordance with applicable local law unless the parties have decided by mutual agreement that the laws of another country will apply.
11.8 Stuudje cannot be held liable for unpredictable events such as cyber-attacks, security breaches regarding the transmission of data, or for performance guarantees regarding the volume and speed of data transmissions. In these conditions, it is up to the Users to take all appropriate measures to protect their own data and/or software, particularly from contamination by any viruses circulating on the Internet.
Article 12. Intellectual property rights
12.1 The Intellectual Property Rights in relation to the Platform, including the intellectual property rights with respect to the Information, are held by Stuudje or its licensors. Nothing in the Terms of Use is intended to entail any transfer of Intellectual Property Rights to you.
12.2 Under the conditions set out in these Terms of Use, Stuudje grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable right to access and use the Platform, including the information, insofar as is necessary for the use of the Platform.
12.3 The collection of Products and information, that is collected by Stuudje and displayed on the Platform is a legally protected database. Stuudje is the producer of the database and therefore has the exclusive right to grant permission for i) the extraction or re-utilization of the entirety or a substantial part, from a quantitative and/or qualitative point of view, of the contents of the database and ii) the repeated and systematic extraction or re-utilization of non-substantial parts, from a quantitative and/or qualitative point of view, of the contents of the database, in so far as this is in conflict with the normal operation of the database or causes unjustified damage to Stuudje’s lawful interests. You may only request or reuse data from the database if and in so far as this is permitted under these Terms of Use.
12.4 You retain all Intellectual Property Rights to your Product(s) or Services. By making available Products via the Platform you automatically grant Stuudje a free, unencumbered, global, non-exclusive, perpetual, and irrevocable license to use this Product, if applicable, in connection with the Platform and for the Platform’s marketing and/or promotional purposes. This license does not end when you remove your Profile and/or you discontinue the use of the Platform.
12.5 You hereby waive your moral rights to Products, in so far as applicable and in so far as possible.
12.6 You warrant that there are no (Intellectual Property) Rights of third parties which preclude you from making the Products or content available through the Platform and/or providing the license as mentioned in Article 12.3.
12.7 You shall refrain from any act that infringes the Intellectual Property Rights of Stuudje, including – but not limited to – the registration of domain names, trademarks or Google AdWords that are identical or similar to any object to which Stuudje holds Intellectual Property Rights, as well as the reproduction, modification, reverse engineering or publishing of the Platform, including the information, for other purposes than those listed in the Terms of Use.
Article 13. Notice of alleged unlawful Products or Content
13.1 Stuudje respects the (Intellectual Property) Rights of others and takes the protection of (Intellectual Property) Rights seriously. Although Stuudje is not liable for any damages in connection with the (illegal) use of the Platform by Students, Stuudje will, under the conditions as set out in this Article, remove a Product/Products or Content that is (are) infringing and/or unlawful and stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
13.2 If you claim that certain Products or Content infringes on your (Intellectual Property) Rights, you can report this alleged infringement to Stuudje by filling in the contact form. We will examine the notice and, if possible and necessary, take the measures stated in section 14.
13.3 Stuudje reserves the right to not grant a request to remove Products or Content or to stop an activity in case it has reasonable grounds to doubt the accuracy of the notification or in case a balancing of interest requires this. In such a situation, Stuudje can require a court order from a competent court, to demonstrate that the material or the activity is manifestly unlawful.
13.4 Prior to removal of any alleged unlawful Product(s) or Content, Stuudje may request and the notifying party shall provide, additional information substantiating that the notifying party is indeed the rightsholder, and Stuudje may request and the notifying party shall provide, a signed copy of an indemnification declaration for Stuudje.
13.5 Stuudje will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification.
13.6 The notifying party indemnifies Stuudje against all claims of third parties in relation to the blocking or removal of Products or Content or the stopping of activities as a result of the notification. The indemnification includes all damages and costs Stuudje suffers, could suffer or which Stuudje must incur in relation to such a claim, including but not limited to the compensation of legal assistance.
13.7 Stuudje respects and protects the privacy of those who provide notifications. All personal data that it receives as part of a notification will only be used to process the notice.
13.8 Stuudje reserves the right to forward the notice to the Student responsible for the Product or Content to which the notice refers.
Article 14. Rights and obligations of Stuudje
14.1 Stuudje may forbid Users, in blocking the use of the Platform (by stating the reasons for the ban or limitation), in particular by removing the Product or Content uploaded to the Platform, by canceling the User’s account and by preventing the User from re-registering on the Platform, subject to Stuudje sending prior official notification to these Users, if they:
provide incorrect, misleading, and/or incomplete information according to the Terms of Use at the time of their registration on the Platform or their use of the Platform;
deliberately and intentionally disclose incorrect information on the Platform, insult other people, or act in an inappropriate manner;
use the identity of another User on the Platform or otherwise act in an unlawful manner;
login from the same IP address or from the same computer as the one that was blocked owing to violations;
have received at least two warnings from Stuudje.
In case of cancellation of the User’s Account, Stuudje may store some information, in compliance with Stuudje’s Privacy Policy, as it may be necessary for reconstructing the circumstances surrounding Stuudje’s decision to cancel the User’s Account and to transfer these data to the institutions and authorities responsible for applying the law.
14.2 Stuudje, after having been duly notified also in accordance with section 13 above or by the competent Authorities, will remove all unlawful Content immediately. Indeed, Stuudje may, at any time, remove from the Platform the Products by the User or all the other information provided by the User if these Products or this Information violates the Terms of Use, the applicable regulations, or is contrary to good moral standards or public order.
14.3 Stuudje may investigate any violation of the Terms of Use, and inform the competent institutions and authorities.
14.4 Stuudje may, at any time, re-organize the Platform, advertising spaces, or other information on the Products, subject to these changes not amending the Content provided by the User, in order to make the Platform more user-friendly.
14.5 Stuudje may, at any time, publish news or other communications regarding short and long-term offers on the Platform, competitions, games, or promotions that comply with national law. Special conditions may apply. Information regarding offers, competitions, games or promotions that comply with national law will be provided on the Platform. In case of inconsistency between the Terms of Use and special conditions published on the Platform applicable to news, the latter will prevail.
14.6 Stuudje may at any time end or suspend or assign the operation of the Platform to third parties, subject to notifying Users of the Platform while respecting a notice period of thirty (30) days.
Article 15. Personal Data
15.1 The Privacy Policy describes the personal data of the Users collected by Stuudje and the purposes for which Stuudje processes such data. The Privacy Policy and any parts of it are not meant as contractual clauses and do not become part of these Terms of Use.
15.2 Within these Terms of Use, there are obligations of Stuudje regulated. For the fulfillment of our obligations under these Terms of Use towards you, processing of personal data relating to you is required and partly carried out based on our contractual obligations towards you. Data processing exceeding our contractual obligations is always based on another legal basis in accordance with the Privacy Policy.
15.3 When you carry out data processing independently and separately from Stuudje, you are responsible for ensuring compliance with applicable data protection (particular, the General Data Protection Regulation) and privacy laws. This includes, but is not limited to, informing data subjects in accordance with Art. 12, Art. 13, and Art. 14 of the General Data Protection Regulation and having a legal basis for the processing of personal data.
15.4 You are generally obliged to provide Stuudje only with accurate data. When data refers to your changes (for example, your address or last name) you shall notify those changes without undue delay by changing your account information. Damages and non-compliance arising from incorrect data being provided by you, are your sole responsibility unless applicable data protection and privacy laws stand against your sole responsibility of you for such damages and non-compliance.
Article 16. Governance, dispute resolution, and termination
16.1 These Terms of Use are governed by and construed in accordance with the laws of The Netherlands.
16.2 Any and all disputes arising from or related to the Platform or the Terms of Use will be brought before the competent court in Amsterdam unless compulsory law mandates otherwise.
16.3 In the event of a disagreement between Stuudje and the User, Stuudje encourages Users to reach out to Stuudje first in any case to find an amicable solution. The User may:
First, address a written complaint to Stuudje support service using the contact form.
In the absence of a satisfactory result with our support service, within a reasonable period of one (1) month, the User and Stuudje will use their best endeavors to try and resolve the User's complaint in an amicable manner.
Should the matter remain unsolved, or the User be unhappy with the result, the User can use alternative dispute resolution methods such as consumer mediation. Stuudje is not committed nor obliged to use such methods to resolve disputes with Users. Disputes between Sellers and Buyers are not eligible for consumer mediation.
16.4 The User may end his/her relationship with Stuudje at any time with immediate effect but will have to fulfill all of his/her obligations that resulted from transactions the User entered into before the end of his/her relationship with Stuudje. The User may end his/her relationship with Stuudje by canceling his/her account or by sending an email. Stuudje may end its relationship with the User by means of a thirty (30) day prior notice in writing or by electronic means. In addition, Stuudje may also end its relationship if a reason applies as mentioned in the Terms of Use, such as breach of the obligation of the User, a scam, fraudulent activity, abuse or misuse of the Platform, or violation of the law.
16.5 All the notifications, requests, and other information exchanged between the User and Stuudje will be sent as stated in the Terms of Use via the contact form appearing on the Platform, and/or by/to the User via email, to the email address provided when registering on the Platform.
16.6 If any or any part of the terms contained in these Terms of Use shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
16.7 These Terms of Use and all documents referred to in these Terms constitute the entire agreement between Stuudje and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between Stuudje and you, whether written or oral, relating to its subject matter. Stuudje and the User agree that in entering into these Terms have relied on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither Stuudje nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.