General Terms KleinCuracao.Deals

December 2018

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.

In addition to these General Terms, the Terms of Use for Companies or the Terms of Use for Customers may apply, depending on your capacity as user.
Online payments will be processed and handled by 12Grow Holding BV, the Holding company of Sunshine Experience BV, based in Vinkeveen, the Netherlands.

  1. The Site
    The Site is a platform through which certain parties offer goods and/or services (“Companies”) to other parties who may purchase such goods and/or services (“Customers”). KleinCuracao.Deals facilitates in agreements between Companies and Customers through the Site and will for that purpose enter into separate Terms of Use with Companies and Customers.
  2. 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.
  3. Representations
    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.
  4. 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.
  5. 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.
  6. Communication
    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.
  7. 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.
  8. Indemnity
    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.
  9. 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.
  10. Online payments and warranties
    Additionals terms regarding the purchase and online payment for Activities and Deals apply for Customers and Companies.
  11. Privacy
    KleinCuracao.Deals respects the privacy of the User and User’s right to protect personal data. More information on the privacy policy of KleinCuracao.Deals can be found here:
  12. Modification of Site and General Terms
    KleinCuracao.Deals reserves the right to make changes to this Site at its sole discretion without notice to the User. In case of violation of these General Terms, or of the Terms of Use, or in the event KleinCuracao.Deals must comply with law enforcement requests, KleinCuracao.Deals reserves the right to immediately and without any notice remove user’s content and/or block user’s access to the Site and/or take any action or to make any claims considered necessary or appropriate to obtain compensation from user. KleinCuracao.Deals reserves the right to change these General Terms at any time and will notify user of changes on the Site. User must regularly review the General Terms, which are available on the Site. Continued use of the Site following any such changes shall be considered the user’s acceptance of the modified General Terms.
  13. Applicable law and jurisdiction
    The General Terms refer only to the use of this Site. Additional Terms of Use apply for offering and purchasing products and services through the Site. The General Terms and the Terms of Use for Customers and for Companies, and the rights and liabilities of the parties hereunder, shall be interpreted in accordance with the laws of Curaçao, notwithstanding conflicts of law principles. In the event a conflict on the interpretation of any of the provisions of the General Terms, the Terms of Use, the use of the Site or any agreement made through this Site, the parties consent to the exclusive jurisdiction of the Curaçao court.


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