These General Terms apply to the website KleinCuracao.Deals (“Site”) owned by Sunshine Experience B.V. (“KleinCuracao.Deals”), with statutory address at Bluebay in Curaçao, registered in the Commercial Register of the Curaçao Chamber of Commerce under No. 136590, your use of the Site and any agreement between you and KleinCuracao.Deals concluded through the Site.
Online payments will be processed and handled by 12Grow Holding BV, the Holding company of Sunshine Experience BV, based in Amsterdam, the Netherlands.
- The Site
- Use and user
The General Terms apply to your use of the Site. Use of the Site includes, among others, the mere scrawling and searching on the Site as well as offering and purchasing goods and services through the Site. You are regarded user of this Site under these General Terms.
User represents and warrants that he is authorized, i.e. possessing the legal right capacity and ability to offer and/or purchase products and services through the use of this Site in accordance with these General Terms. User agrees to be financially responsible for all use of this Site as well as for use of User’s account by others. The offer and purchase features of this Site are provided solely to permit User to make legitimate offers or purchases with third parties and for no other purposes. Purchases shall not be used for commercial purposes. Without limitation, user shall not make any speculative, false or fraudulent offer or purchase. User represents that he shall not interfere in any manner whatsoever with the proper operation or functionality of the Site and shall not take any action that will or could impose an excessive or disproportionate load on the infrastructure of the Site. User shall be responsible for all charges, fees, duties, taxes and assessments arising out of his use of this Site.
- Intellectual property rights
The Site and the intellectual property rights thereto are owned by KleinCuracao.Deals. Intellectual property rights include, but are not limited to, copyrights on photos, images, video, graphics, text as well as exclusive rights to trade names, trademarks and know-how. The Site also contains intellectual property rights of third parties advertising on the Site. No content, material, information, software, products or services obtained from this Site may be modified, copied, displayed, performed, licensed, reproduced, republished, uploaded, posted, transmitted, sold, distributed, researched, recovered, monitored or retrieved in any way, without the prior written permission of KleinCuracao.Deals. KleinCuracao.Deals will do its utmost to respect third parties’ intellectual property rights on the Site. User shall immediately report any possible infringement on intellectual property rights. KleinCuracao.Deals reserves the right to temporarily or permanently remove content from the Site and is not liable for damages caused due to this removal. User holds KleinCuracao.Deals, its subsidiaries, affiliates and any of their employees, officers, directors, agents and partners harmless for any damage claims due to infringement of intellectual property rights in connection with his use of the Site.
- Other websites
This Site may contain links or references to other websites maintained by third parties, including but not limited to websites of Companies advertising on this Site. KleinCuracao.Deals does not operate or control in any respect any information, products or services on such third parties’ websites. Third party links and references are included solely for the convenience of user and do not constitute any endorsement by KleinCuracao.Deals. User assumes sole responsibility for use of third party links and references. KleinCuracao.Deals is not responsible for any claim or content made on third parties’ websites.
KleinCuracao.Deals will communicate with users by email and notices on the Site. KleinCuracao.Deals is not liable for any damage due to errors in user’s email and notices, including but not limited to typographical errors and delay in delivery. Email and notices from KleinCuracao.Deals are considered delivered to user when sent to the email address user provided to KleinCuracao.Deals by email and via the Site.
- Liability disclaimer
KleinCuracao.Deals makes no representations about the suitability of the information, products, and services published on the Site for any purpose. All such information, products, and services are provided “as is” without warranty of any kind. KleinCuracao.Deals is not responsible for any insurances, permits or licenses that may be required in connection with the products or services offered by Companies through the Site or the absence of insurances, permits or licenses. KleinCuracao.Deals hereby disclaims all warranties and conditions with regard to information, products and services published on the Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall KleinCuracao.Deals, its subsidiaries, affiliates or any of their employees, officers, directors, agents or partners be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with: (i) the use of this Site, (ii) the delay or inability to use this Site, (iii) modification or removal of content on the Site, including but not limited to User’s content, (iv) any information, including but not limited to incorrect information due to typographical errors, products and services offered and/or purchased through this Site, (v) the absence of insurances, permits or licenses required for the products or services offered by Companies through the Site, or (vi) any damages otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise. Liability of KleinCuracao.Deals for damages in connection with products or services offered on this Site will not exceed the amount paid for the concerned product or service.
User indemnifies and holds harmless KleinCuracao.Deals from and against any and all liabilities, expenses, including but not limited to attorney’s fees, and damages arising out of claims resulting from his use of this Website.
- No partnership
User acknowledges that no joint venture, partnership, employment or agency relationship exists or arises between the User and KleinCuracao.Deals as a result of the use of this Site. User agrees not to act as a representative, agent or employee of KleinCuracao.Deals and that KleinCuracao.Deals will not be liable for any representation, act or omission of the User.
- Online payments and warranties
Additionals terms regarding the purchase and online payment for Activities and Deals apply for Customers and Companies.
- Modification of Site and General Terms
- Applicable law and jurisdiction