TERMS AND CONDITIONS
These terms and conditions apply to your use of the website of Flexpackerz (www.flexpackerz.com) and Flexpackerz (mobile) application (iOS application / Android application – hereafter the “App”), provided by Flexpackerz B.V. (hereafter “we” or “us” or “Flexpackerz”).
1. Terms: means these terms and conditions that apply to our Website, App, and all other services we provide.
Conflict and modifications
2. We may change or amend these Terms: (i) if we alter the existing services we provide; (When we change the Terms in a significant way, we will post a notification on our Website along with the updated Terms. By continuously using our Website you accept the changed Terms. We will also notify amendments and modifications of the Terms via our App, and request you to accept the updated Terms before you can continue using the App.ii) if we add new services to the existing services we provide; or (iii) for security, regulatory or legal reasons.
1. Flexpackerz is a community platform with the purpose to guide remote workers (e.g. professionals, entrepreneurs, students) to the best workspaces and to connect them with other remote workers anywhere they go.
2. The Website and App are meant for adult users to communicate with each other online and to meetup in person (offline). The website and app are not suitable for individuals under 18 years old. By using the Website or App, you confirm that you are at least 18 years old.
3. If you have an unspent conviction, or are subject to any court order, relating to assault, violence, sexual misconduct or harassment you may not use the Website or App and we will be entitled to remove Your Account.
4. If you are removed from our Website or App, you may not use our Website or App (again).
5. When removed from our Website or App, you will not be refunded. You subscription will be stopped.
6. Users that post objectionable content on the Website or App will be removed from the Website and App.
7. We may change, suspend, or discontinue any aspect of the service at any time, including hours of operation or availability of the service or any feature, without notice or liability.
1. If you want to use all features of the Website or App, you first need to register. In order to register, we need your email address, name, profile picture and job title. After registering, you can complete your professional profile on your personal Flexpackerz account (“Your Account”). In this respect, you are invited to provide us with your date of birth, company, job description, skills, interest, contact details and social media profiles.
2. You agree to provide current, complete and accurate information when creating Your Account and when using the App and Website. You agree to keep Your Account updated.
4. Upon registration you will be asked to enter a password, which you need to access Your Account. You are solely responsible for the privacy of your password.
5. We have the right to deny you access to the Flexpackerz platform without having to explain why. The decision is final and no correspondence will be entered into.
1. A Premium subscription will automatically be extended with a successive renewal of the same duration. A discount on the Premium subscription will offer a discount price upon the first payment and will then offer the standard full price for each renewal. A trial of the Premium subscription will give you free access to the premium features for a fixed period as agreed upon before starting the trial. After the trial period we will charge the standard full price. You can terminate the Premium subscription at any time by sending an email to email@example.com.
2. You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using web you can get a refund by mailing to firstname.lastname@example.org.
3. Generally, all charges for purchases are nonrefundable, and there are no refunds for partially used periods. We may make an exception in some cases, or if the laws applicable in your jurisdiction provide for refunds.
Your information and content
1. You are solely responsible for:
a. the information and content you post, transmit or publish on, or share otherwise through the Website or App; and
b. your interactions with other users, including location administrators, of the Website or App; and
c. your friend(s) who you invite through Flexpackerz.
2. Your Account is meant for personal use only and you may not create more than one account at any time. You may not authorize others to use your account, and you may not assign or otherwise transfer Your Account to any other person or entity. You are responsible for keeping your username and password confidential and acknowledge that Flexpackerz is not responsible for third party access to Your Account that results from sharing, theft or misappropriation of your username and password. We strongly encourage you to choose a secure password that is hard to guess. Do not reveal your password to anyone. If you think your password has been compromised, please change it immediately via the ‘My Account’ page.
3. Please be careful with disclosing information via Your Account. You are solely responsible for publishing any personal contact information on Your Account or elsewhere on the website or app, such as your (post) address, email address, telephone number, instant messaging contact details, social media usernames or website URL. By disclosing such information on Your Account or elsewhere on the website or app you understand and accept that this information can be used by other users to contact you.
4. Your safety and personal integrity is important to us. Your (chat) messages are strictly confidential. We do use filter software that notifies us of (chat) messages with inappropriate content (e.g. offensive or aggressive language, or unlawful use of our platform for advertisements or link-building. Also see the enumeration under the heading “Restrictions on information and content” in the below). After such notification we reserve the right to erase the content in question, and/or delete your account, and/or take legal actions.
5. After being registered as a user of Flexpackerz, we will in principle not monitor the information or content you share via the Website or App. We do however reserve the right to use filter software. In case we are notified by this software of inappropriate content, or in case we are notified of this by other users, we reserve the right to block the content in question.
6. By submitting, providing, transmitting or otherwise sharing information and content via the Website or App, you grant us a non-exclusive, royalty-free, worldwide license of any rights, including intellectual property rights, on such information and content, to (re)publish and otherwise use any such content in any format on the Website, App or in ads or other shielded areas that are only accessible by other users of Flexpackerz.
Restrictions on information and content
1. You will not post, transmit, communicate or share information or content via the Website or App, that:
a. is intended to or tends to harass, annoy, threaten or intimidate any other user of the Website or App;
b. is defamatory, inaccurate, abusive, obscene, profane, offensive or sexually explicit;
c. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
d. promotes or encourages illegal or unlawful activity or behaviour;
e. contains chain letters, junk or spam email, advertising, promotional or commercial messages;
f. contains an image of another person without permission of that person;
g. contains an image of a person under 18 years of age;
h. is misleading, false or impersonates any other person or entity.
i. is intended to solicit another user’s personal contact details or solicit communication with or on behalf of a person under 18 years; and
j. which infringes any third party’s (intellectual property) rights.
2. You will immediately cease contacting any user who asks you to stop contacting them.
3. You will not post, copy, modify, disclose or distribute via our Website or App:
a. any confidential information; or
b. any other material which is subject to our or a third party’s (intellectual property) rights, e.g. a picture of you taken by a professional photographer, without first obtaining our or the relevant third party’s prior written consent.
4. You agree to compensate us for any claim or damages (including any legal fees in relation to such claim or damages) demanded by a third party in respect of any matter relating to or arising from any breach or suspected breach by you of these Terms or the rights of a third party.
5. We reserve the right to issue warnings, suspend access to Your Account or terminate Your Account, if we reasonably consider that you are in breach of these Terms.
Risks and precautions
1. We do not conduct (criminal) background checks in relation to users of Flexpackerz.
2.You are solely responsible for taking all appropriate safety precautions in connection with the use the website and app and contacting other users. You accept that there are risks interacting online of offline with other users, including meeting other users.
3. You agree to use Flexpackerz to connect with other users on a professional level. If used for other purposes, e.g. dating, you are solely responsible for the consequences of your actions. In other words, we can not be held responsible for breaking up with your girlfriend or boyfriend, divorces, unlawful children or other intimate relationship issues. If Flexpackerz, on the other hand, contributes to happy events, we would love to be invited to celebrate this event with you!
4. We do not guarantee or verify the accuracy of information provided to you by other users. Flexpackerz makes every effort to keep the information made available on the website and app accurate and up to date, but we do not guarantee that the information is accurate, complete or current. No rights can be derived from it. Any reliance on the provided information is at your own risk.
5. We do not warrant that the website or app will be available uninterrupted and in fully operating condition. All content and services on the website or app are provided on an “as is” and “as available” basis. Any decisions or actions taken by you on the basis of the information provided on or via the website and app are at your sole discretion and risk.
Reporting disputes and other issues
1. Please report any behaviour you encounter which is in breach of these Terms via email@example.com including any behaviour which may be harmful, threatening, harassing, discriminating or unlawful behaviour.
2. If you wish to report another user, you can inform us by making a screenshot of this users profile and send it to firstname.lastname@example.org including the reason for reporting this user.
3. We are not obliged to become involved in any disputes between users and do not provide any arbitration- or settlement-service.
4. If you choose to invite someone to the Website or App through our ‘Invite friends’ feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges made against communications sent from your device. Because an invitation is coming directly from your personal account, social networks do not have access to or control over this communication.
1. The Website and App may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
2. Your correspondence or business deals with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Website or App (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser.
3. You agree that Flexpackerz will not in any way whatsoever be responsible or liable for any claim, loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings.
1. Flexpackerz organizes events for its users. We have the right to refuse users to events for any reason (for example in case of dress-codes etc). The events are on a first come and served base. We do not refund for no-shows, or late arrivals of special guests in relation to any event.
2. We have the right to refuse or prohibit events that are organized by users via the Website or App and if organized by using Flexpackerz trademark.
3. We have the right to cancel events at any time.
4. Flexpackerz events are not always for users only. To some events non-users may also attend.
Intellectual Property Rights
1. Flexpackerz is the exclusive owner of all intellectual property rights (such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, mask works, information, proprietary rights, processes copyrights and trademarks) that vest in the design and content of the Website, App and the underlying software and database.
2. The Website and App are intended solely for your personal, non-commercial use. Any other use of the Website and App requires prior written permission of Flexpackerz.
Limitation of liability
1. In no event will Flexpackerz and its affiliates, officers, employees, agents, partners, licensors and ambassadors be liable for any damages relating to the decision whether or not an account is allowed or declined to use the Flexpackerz website and app or is removed from the platform.
2. We will provide Flexpackerz service to you with reasonable skill and care. We do not make any warranties or representations (neither express nor implied) with respect to the website, app or the associated services.
3. In no event will Flexpackerz and its affiliates, officers, employees, agents, partners, licensors and ambassadors be liable for any damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of, or relating to, the conduct of you or anybody else in connection with the use of services, including (but not limited to) bodily injury, emotional distress, loss of business, lost profits, trade secrets, misappropriation, intellectual property infringement, and/or any other damages resulting from communications or meetings with other users or persons you meet through our website or app, or resulting from any other services we provide. Take our advice and don’t get intimate with any enemy spies or competitors even if your name is James Bond, Harvey Specter or John Snow.
4. You hereby expressly agree not to hold Flexpackerz liable for any instructions, advice, or services delivered through our website or app. Flexpackerz expressly disclaims any liability whatsoever for any damage, lawsuits, claims, and/or controversies that arise or relate in any way to our website or app.
5. You expressly understand and agree that Flexpackerz will not be liable for direct, indirect, incidental, special, consequential, or exemplary damage, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
a. The use or the inability to use the website or app;
b. The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into, through, from, or as a result of the website or app;
c. Unauthorized access to or alteration of your transmissions or data;
d. Statements or conduct of any user or third party on the website or app;
e. Your reliance on the content data made available by us; or
f. Any other matter relating to the website or app.
6. Nothing in these Terms shall exclude or limit our liability for our fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents.
7. To the fullest extent possible by law, Flexpackerz’s maximum liability arising out of or in connection with the website or app or your use of our content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the greater of the fees you have paid to Flexpackerz.
Third Party Disputes
1. Flexpackerz is not affiliated with any service provider, or third party service, and any dispute you may have with any service provider, third party service or other third party, including, without limitation, any other user of the service, is directly between you and such third party, and you irrevocably release Flexpackerz from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
1. Flexpackerz can be acquired for a part or in whole by another company. This will be done without (written) notice.
2. If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
3. If any part of these Terms is disallowed or found to be void by any court or regulator, the other provisions shall continue to apply. We will adjust these Terms as necessary, in which case the invalid terms will be replaced by valid terms that differ the least from the concerned invalid terms.
4. These Terms are not intended to give rights to anyone except you and us.
5. These Terms are governed by Dutch law and the parties agree to submit to the exclusive jurisdiction of the court of Rotterdam.
Flexpackerz, the accompanying Website and App are exploited by:
Brede Hilledijk 568
3072 NK Rotterdam
Chamber of Commerce (KvK): 64041077
VAT (BTW): NL855497877B01