GENERAL CONDITIONS WGU TECHNOLOGIES BV
WGU Technologies BV, hereinafter referred to as “WGU” or “We Gather up”, aims to bring natural persons and (local) service providers together through an online platform, so that the local provider is able to provide for his or her own livelihood.
In order to provide the customer and WGU with clarity regarding its rights and obligations, WGU has drawn up general conditions.
Article 1 – Definitions and applicability
a. WGU: facilitator of the online Platform where provider and customer are brought together to offer and purchase (in particular tourist) services.
b. Platform: (virtual) online Platform on which services can be offered and purchased.
Account: online environment within the platform in which the supplier can offer a service and the customer can purchase a service.
d. Provider: provider of services on the Platform. In most cases the provider will be a (local) resident or a (local) entrepreneur.
e. Customer: person who wishes to use the services of the provider.
f. Service (s): the services offered by the provider, such as excursions, tours or offering travel partnership.
g. Means: means offered by the provider or means to be arranged by the customer himself, with which a service can be delivered. For example, a means of transport or admission tickets.
h. Country of purchase: the country where the service offered is provided.
I. User (s): providers and customers of WGU.
j. The general terms and conditions of WGU apply to all agreements and services of WGU, including related services and advice, as well as to agreements for performing work.
k. WGU explicitly rejects the applicability of other general terms and conditions than the general terms and conditions of WGU.
Article 2 – Provider account
2.1 To be able to use the Platform, Provider must create an Account via the WGU mobile app. When creating the Account, Provider must also agree to the general terms and conditions of WGU. WGU makes it possible for the Provider to download and save these general terms and conditions.
2.2 These terms and conditions are inextricably linked to the use of WGU. If the Provider does not agree with the general terms and conditions of WGU, the Provider cannot use the Platform.
2.3 WGU is always authorized to refuse the use of the Platform to the Provider and to remove the Provider’s Account, without stating reasons, in particular if the User does not comply with the (community) guidelines.
Article 3 – Offer
3.1 Provider offers his Services on the Platform. Provider creates one or more advertisements in his Account in which he offers his Services. The Provider is offered the option of, among other things, attaching photos, explaining the Service offered and providing information about the costs of the Service offered.
3.2 Provider cannot derive any rights from the advertisement he / she has created on the Platform.
3.3 WGU is always authorized to refuse or remove an advertisement without giving reasons.
3.4 Offered Services that do not fit within the objective of WGU will be removed without giving reasons and without prior warning.
3.5 WGU can make a declaration to the competent authorities of the Services that are in conflict with or appear to be in conflict with national and international legislation. In addition, WGU reserves the right to submit personal data from the Provider or Customer to the relevant authority.
Article 4 – Confirmation offer
4.1 If WGU agrees with the advertisement created by the Provider, the Provider will receive a digital confirmation from WGU as soon as possible after the offer. Without this confirmation, Provider may not assume that the advertisement will be placed on the Platform.
4.2 WGU reserves the right to postpone the creation date of the advertisement.
Article 5 – Customer account
5.1 To be able to use the Platform, the Customer must create an Account on the Platform. When creating the Account, the Customer must also agree to the general terms and conditions of WGU. WGU makes it possible for the Customer to download and save these general terms and conditions. For practical reasons, the provision of the general terms and conditions does not apply.
5.2 These terms and conditions are inextricably linked to the use of the Platform. If the Customer does not agree with the general terms and conditions of WGU, the Customer cannot use the Platform.
5.3 Platform is only accessible to minor customers if they have received permission from their legal representatives or if it is customary in society that a particular minor of this age purchases the Service in question independently.
5.4 WGU is always entitled to refuse the use of the Platform to the Customer and to remove the Customer’s Account without stating reasons.
Article 6 – Total exclusion from usage
6.1 WGU reserves the right to refuse anyone access to the Platform or to delete the already created Account if the User:
– does not comply with the present conditions or national and international regulations;
– has been convicted in the past or is under criminal investigation against him, with regard to a crime, in particular a sexual crime or violent crime.
6.2 WGU refuses access to, or deletes accounts from, persons who are required by national or international regulations to register or report as sex offenders – in any instance, in any country.
Article 7 – Use of (personal) data
7.1 By accepting the present conditions, Users give WGU permission to share their (personal) data and use it for promotional purposes, among other things.
7.2 The User is expressly prohibited from using the platform for the distribution of unlawful, misleading, discriminatory or fraudulent messages or information.
7.3 The User is expressly forbidden to place content on the platform that infringes the (intellectual property) rights of WGU, another User or a third party.
7.4 If the User logs in to the platform via a Facebook account, the User gives WGU permission to use information from that Facebook account, including, but not limited to, the data of the public Facebook profile and data of Facebook friends, which are linked to other WGU users.
Article 8 – Timely delivery of service
8.1 The provider ensures that the service offered by him on WGU is delivered on the date agreed with the Customer. Provider provides the service in person, unless otherwise agreed.
8.2 The Provider may agree a different date or time of delivery with the Customer.
8.3 If the Service offered is not delivered or not delivered on time, the Provider is not entitled to payment for this service. A Service offered is not delivered on time if the Provider has not started delivering the agreed Service within 30 (thirty) minutes after the agreed time.
8.4 WGU reserves the right to refuse the Provider, or to remove the advertisement if it turns out to be summarily, or if it has become apparent that the Provider will not provide or has not supplied the (offered) Service.
Article 9 – Payments
9.1 WGU uses the online payment service Stripe and the online payment service PayPal for payment by the Customer to the Provider.
9.2 After agreement between the Provider and the Customer about the Service offered and to be delivered, the Customer pays the agreed price in advance to Stripe.
9.3 The price charged by the Provider is charged by WGU with a 15% surcharge. The surcharge concerns costs for the use of the platform.
9.4 After delivery of the Service, WGU ensures payment to the Provider via PayPal, unless there are situations included in 9.5 and 9.6 of the present terms and conditions.
9.5 The Customer has the right to cancel a Service from the Provider and to receive the prepaid fee back if the Provider has not started the actual delivery of the agreed Service within 30 (thirty) minutes after the agreed time for the delivery of the Service. The same applies if the Provider has not arranged Means for the performance of the Service.
9.6 The starting point is that the price is always paid to the Provider, unless the Customer submits a complaint to WGU within 48 (forty-eight) hours after the Service has been delivered. A complaint can be submitted using the complaint form.
9.7 The provider himself is responsible for paying the applicable taxes and levies to the competent authorities.
9.8 WGU cannot be held liable for non-payment or late payment to Provider, or refund to Customer in the event of, but not exclusively, calamities at the payment service, or calamities within the Country of collection, or if there is a bankruptcy / suspension of payment for the payment service, or a third party involved.
9.9 WGU cannot be held liable for loss of funds paid in advance by the Customer to Stripe.
Article 10 – Liability
10.1 The Provider is responsible for providing the agreed Services. This also includes the delivery of the agreed Means. In the case that it has been agreed between the Provider and the Customer that the Customer must take care of the Means, he or she will take care of that. WGU is in no way liable for Services that have not been delivered (on time), or Means that have not been delivered (on time), or shortcomings in the performance on the part of the Provider or Customer, or any unlawful conduct – in the broadest sense of the word – between the Customer and the Provider, or between the Customer or Contractor and a third party.
10.2 The Provider provides (liability) insurance, so that any risk, in the broadest sense of the word, is insured.
10.3 Customer is obliged to take care of travel, medical expenses and liability insurance.
10.4 WGU cannot be held liable in any way for (the consequences of) damage, loss, theft, or damage to Means or persons, for example – but not exclusively – during delivery of the Services offered, or at the preliminary stage, or at the post-delivery stage.
10.5 WGU does not guarantee in any way that the functional aspects of the Platform will be without interruption and without errors or that this Platform will be completely free of viruses or other harmful components.
10.6 If the court (in legal proceedings) is of the opinion that WGU is liable, the compensation on the basis of the liability (established by the court) for WGU will not be higher than the amount to be paid / paid out to WGU by the liability insurance . In the event that the liability insurance is not obliged to pay or does not want to pay, any liability of WGU is limited to an amount of € 1,000.
10.7 All alleged claims of Users will lapse if they have not been submitted to WGU in writing and with reasons, within 3 months after the Service has been delivered or is deemed to have been delivered.
Article 11 – AVG
11.1 WGU respects the privacy of the User and other persons whose data they process. This information is treated confidentially. Processing of any personal data is done in a manner that is in accordance with the requirements of the General Data Protection Regulation (AVG).
11.2 All personal data for which WGU requests delivery are necessary to be able to provide the WGU service.
11.3 Processing of the personal data of the User or of a third party involved is necessary for the implementation of the agreement between Provider and Customer.
11.4 WGU ensures appropriate security of the personal data provided to it.
11.5 More information regarding the personal data and the AVG is included in AVG guidelines.
Article 12 – Privacy disclaimer
12.1 The content and information on the app and the WGU website is intended solely as general information. No rights can explicitly be derived from this information. WGU is in no way liable for (a chance of) damage as a result of incomplete or incorrect information on its website or app.
12.2 Information sent via, among other things, the WGU app or website is not secure and is considered non-confidential.
12.3 WGU reserves the right to unilaterally adjust the privacy and cookie statement. Changes will be published by WGU in its app or on its website.
Article 13 – Unauthorized use of the app and website
13.1 The content of the app and website may not be copied, reproduced and / or made public by the User.
13.2 The User is not permitted to use personal data of other Users for his own purposes.
13.3 A service offered by the Provider on the platform must also be purchased via the platform. Use of the Platform otherwise may lead to refusal or removal of the Platform.
Article 14 – changing general terms and conditions
14.1 WGU can unilaterally change these general terms and conditions at any time.
Article 15 – Applicable law
15.1 The legal relationship between WGU and Users is governed by Dutch law.
15.2 The court of the Northern Netherlands, location Leeuwarden, is exclusively authorized to take note of any dispute.