ZAPFLOOR BV TERMS AND CONDITIONS OF USE
BY ACCESSING AND USING THE PLATFORM, THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF USE AND EXPRESSLY DECLARES TO AGREE TO THE ZAPFLOOR TERMS AND CONDITIONS OF USE AS DESCRIBED BELOW. IF THE USER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, THE USER WILL NOT OBTAIN ACCESS TO THE PLATFORM OR THE RIGHT TO USE IT.
USE OF THE PLATFORM AS WELL AS THE LEASING OUT AND RENTING OF SPACES AND THE ORDERING OF GOODS AND SERVICES VIA THE PLATFORM SHALL BE AT THE SOLE RISQUE OF THE USER. ZAPFLOOR CANNOT BE HELD RESPONSIBLE AND BEARS NO LIABILITY WITH REGARD TO THE BEHAVIOUR OF USERS, OR FOR (DEFECTS IN) SPACES THAT ARE LEASED OUT OR MADE AVAILABLE OR FOR GOODS OR SERVICS THAT ARE ORDERED VIA THE PLATFORM. IN THIS RESPECT, ZAPFLOOR EXPRESSLY DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY LAW.
ZAPFLOOR CANNOT BE HELD LIABLE FOR ACTS COMMITTED BY USERS OF THE PLATFORM. WHEN A LESSOR LEASES A SPACE AND PROVIDES GOODS OR SERVICES, OR A TENANT RENTS A SPACE VIA THE PLATFORM, ZAPFLOOR IS NOT LIABLE FOR THE TENANT OR THE LESSOR IF THEY RECEIVE CLAIMS FOR DAMAGES FROM OTHER USERS OR FROM THIRD PARTIES. CONSEQUENTLY, ZAPFLOOR CAN NEVER BE HELD LIABILE, INTER ALIA, FOR ANY DAMAGE CAUSED BY A USER REGARDLESS OF WHETHER IT IS THE RESULT OF IRREGULARITIES, ERRORS, FAULTY EXECUTION OR EVEN FRAUDULENT ACTS OR (IMPRUDENT) CRIMINAL OFFENCES COMMITTED BY THE USER AND REGARDLESS WHETHER THE DAMAGE WAS SUFFERED BY A USER OR A THIRD PARTY.
“Account” includes all information and content that a registered User provided or had the Lessor or a third party provides on/via the Platform. This account contains personal information, payment information, history, favourites, reviews, recommendations, images, photos and any other data.
“Lessor” means any person, company or enterprise that has signed up for an Account on the Platform in order to offer and rent spaces to Tenants via the Platform (with or without the possibility to order goods and services) and thus also uses the Service.
“Platform” (including the "Site" and "Service") is an online platform used by the Users on which the Lessor offers Spaces for rent and where the Tenant is looking for a Space to rent and via which the Tenant can also purchase additional (paid) goods and services. The Platform is owned and operated by ZAPFLOOR. The Platform is available via app.zapfloorhq.com.
“Service” means the service(s) ZAPFLOOR provides via the Platform through which Tenants are linked to Lessors, the use of the Platform and any additional services provided by ZAPFLOOR in this context.
“Site” means the ZAPFLOOR website available at www.zapfloorhq.com.
“Space” means any space, meeting room, office space or workplace offered by the Lessor to Tenants for rent via the Platform.
“Tenant” is every User who rents a Space, purchases goods and services via the Platform and uses the Service offered by ZAPFLOOR.
“Usage Cost” means costs related to the goods and services offered to Tenant by Lessor (or third parties) in connection with the reservation of a Space;
“User guidelines" are the guidelines listed on the Platform that must be observed by the Users at all times and that may be unilaterally modified from time to time by ZAPFLOOR.
“User information” is all personal data, payment data, data concerning renting / leasing of Spaces, goods and services, advice, comments, literary works, texts, images, videos, photographs and other material that the Platform allows Users to upload, post, publish and make available, including (and not limited to) posts by Users on their profile page.
“ZAPFLOOR” is a private limited liability company with registered office at Van immerseelstraat 66 , 2018 Antwerp and enterprise number 0639.786.759.
Van immerseelstraat 66 , 2018 Antwerp, Belgium
Van immerseelstraat 66, 2018 Antwerp, Belgium
The Terms and Conditions apply to the Service that ZAPFLOOR provides via the Platform. ZAPFLOOR only acts as a facilitator between the Tenants and the Lessors and is therefore not a party to any agreement relating to the renting or leasing out of Spaces or the provision of goods and services by the Lessor to the Tenant. All agreements relating to the renting of Spaces and provision of goods or services shall be concluded directly between the Lessor and the Tenant.
ZAPFLOOR shall in no way be deemed to act as Tenant or Lessor. In addition, ZAPFLOOR cannot be regarded as a broker, insurer or executive agent. ZAPFLOOR is also not a direct or indirect representative of any Tenants or Lessors and does not act as broker, intermediary or similar.
At its sole discretion and at any time, ZAPFLOOR may expand the scope of its activities without prior notice.
4. The Platform
The Platform is intended to serve as meeting place for Tenants and Lessors of Spaces for professional purposes. The Platform also gives Tenants the opportunity, inter alia, to reserve meeting rooms, order goods and services from the Lessor and consult contracts and billing data.
Use of the Platform is only possible if the User has an Account. An Account for the Tenant on the Platform is created by ZAPFLOOR or the Lessor. The Tenant verifies the details of his/her Account and informs ZAPFLOOR when the Account contains incorrect data, such as the incorrect identity (first and last name, date of birth, gender) or active contact details (e-mail address and telephone number), enterprise number, registered office, etc. If the Account information is not correct and truthful, ZAPFLOOR cannot guarantee the quality of its Service. The Lessor also confirms that it has obtained permission from the Tenant to share this information with ZAPFLOOR. The Lessor is obliged to update the Accounts it manages and to keep all information up to date, and is fully liable for all harmful consequences if it fails to do so. The Tenant acknowledges and confirms that he/she has given his/her consent to the Lessor or ZAPFLOOR to use his/her data for the creation of an Account.
Use of the Platform is only permitted for natural persons 18 years and older and with the legal capacity to enter into a contract and for companies, firms, enterprises, non-profit organisations and associations. The User guarantees that he/she and where relevant, the entity for which he/she concludes contracts, has the authority to do so.
The User accepts that the information that he/she voluntarily provides and/or for which he/she grants the Lessor permission to share with ZAPFLOOR can and shall be used in accordance with the Terms and Conditions.
Insofar as the Platform allows, the User may update the information contained in his/her Account at any time. If the User wishes to stop using the Platform and remove his/her Account from the Platform, he/she can contact ZAPFLOOR via [email protected]. ZAPFLOOR will remove the User's Account and personal information from the Platform within a reasonable time and in accordance with the Terms and Conditions.
If the User violates the Terms and Conditions, other ZAPFLOOR rules or guidelines or any applicable law, ZAPFLOOR may suspend or delete the Account at any time without prior notice and without liability to the User.
Although ZAPFLOOR will make every effort that can reasonably be expected of it to ensure the proper functioning of the Platform, ZAPFLOOR cannot guarantee that the Platform will operate continuously at all times without any interruption or that it will run flawlessly on any device that is used to gain access to the Platform.
At any time, ZAPFLOOR may make corrections, adjustments, changes, improvements and make any other changes to the Platform, including adding to or ceasing to display or provide any content or function without having to notify and without being accountable to its Users. The User agrees and acknowledges that ZAPFLOOR is not liable for any errors or malfunctions that may occur in connection with the implementation of such changes.
The Usage Costs depend on the services and goods ordered by the Tenant. The Usage Costs are either borne by the Lessor or by the Tenant, according to the pricing model chosen by the Lessor. If the Tenant is required to pay for the purchase of goods and/or services, this will be expressly stated on the Platform and the Tenant acknowledges that he/she shall bear and pay these costs in accordance with the payment terms set out in Article 6 of the Terms and Conditions of Use.
The Usage Costs are published on the Site and/or Platform. When the Tenant has ordered goods or services via the Platform, the Usage Costs connected with this are definitively due.
6. Methods of payment
The Usage Costs are invoiced periodically to the Tenant by the Lessor. The specific payment terms and conditions for the Usage Costs are agreed between the Tenant and Lessor. Invoicing of the goods and services ordered by the Tenant will be automatic but will only be sent after approval by Lessor. Tenant shall make all payments of the Usage Costs directly to the Lessor.
The Tenants pay the Usage Costs via (i) payment provider Mollie (which provides various payment methods) (ii) a payment transaction with payment provider Twikey (iii) payment transaction with payment provider Stripe, (iv) payment transaction with payment provider PayPal or (v) bank transfer..
When the User chooses to pay with Mollie, the User must create an account with Mollie; all transaction costs for the payments shall be borne by the User and the User agrees to the general terms and conditions of Mollie, which can be consulted at www.mollie.com/be/terms-conditions. When the User chooses to pay with Twikey, the User agrees to the general terms and conditions of Twikey, which can be consulted at www.twikey.com/nl/tc.html. When the User chooses to pay with Stripe, the User agrees to Stripe's general terms and conditions, which can be consulted at www.stripe.com/en-be/ssa. When the User chooses to pay with PayPal, the User agrees to the terms and conditions of PayPal, which can be consulted at www.paypal.com/nl/webapps/mpp/ua/useragreement-full.
7. User behaviour
Users are required to:
· comply with applicable local, provincial, regional, federal, national and/or international laws and regulations relating to their activities on the Platform;
· behave decently and respectfully towards other Users on the Platform as well as when leasing out/ renting Spaces;
· refrain from using language, including in reviews they post on the Platform, which may be perceived as inappropriate, defamatory or offensive, or to offer products or services in a review.
The User understands and agrees that he/she is solely responsible for the User Information and the consequences of posting or publishing such material on the Platform in any way whatsoever.
The User agrees that he/she will not post or upload any User Information on the Platform that: (i) contains content which is unlawful to own, publish, post or upload in the country where the User resides or (ii) which would be unlawful for ZAPFLOOR to use, make available or own in connection with the Platform.
The User agrees that at any time, ZAPFLOOR may remove any User Information uploaded to the Platform, at its sole discretion and with or without valid reason.
The User undertakes to comply with the User Guidelines at all times. ZAPFLOOR may unilaterally amend these User Guidelines from time to time.
8. Restrictions on use of the Platform
The following acts may not be performed, either by the User him/herself or by any other person in the name and/or on behalf of the User:
· Act in violation of local, provincial, regional, federal, national and international laws and regulations relating to your activity on the Platform and during the leasing out/ renting of Spaces;
· Use the Platform to commit or promote illegal, unlawful or unauthorized acts;
· Use the Platform to post or email any form of spam, unsolicited commercial or non-commercial information or other comparable behaviour;
· Sign up for more than one Account, register an Account on behalf of someone else, provide access to an Account to anyone other than yourself;
· Obstruct or violate the privacy rights and other rights of other Users, or collect data and information about other Users without their express consent, either manually or automatically by using a robot, spider, crawler, a search or retrieval application, or by using other (automatic) tools, processes or methods to access the Platform and retrieve, index and/or data mine any information;
· Obstruct or disrupt the Platform operations, or the servers or networks hosting the Platform, or ignore any laws and regulations or requirements, procedures, policy rules or regulations of such servers or networks;
· Post, publish or otherwise make available through the Platform any content, text or information that is offensive, defamatory, threatening, obscene, derogatory or racist, sexual, religious, or otherwise offensive or insulting;
· Assume the identity of another person or entity or provide false information on the Platform, directly or indirectly;
· Fraudulently or wrongly mention, express or imply connection with any person or entity that ZAPFLOOR or a third party represents you as User, or disseminate false or incorrect information about ZAPFLOOR;
· As User, provide false or inaccurate information regarding the Spaces that are leased/rented via ZAPFLOOR, including but not limited to any statement made by the Lessor regarding the Spaces;
· Take any action which, in ZAPFLOOR's sole discretion, causes or may cause an unreasonable or disproportionately large burden on the infrastructure of the Platform or which may otherwise adversely affect the User's experience in connection with the Platform;
· Copy, modify, adapt, make available, translate, reverse engineer, decompile or disassemble any part of the Platform in any way whatsoever;
· Create a browser, framework, restriction or graphical user interface around the Platform or the Site;
· Link, including in-line linking, to elements on ZAPFLOOR, such as images and videos, independently of the ZAPFLOOR web pages on which they originally appear,
· Bypass measures that ZAPFLOOR may use to prevent or restrict access to the Platform.
The Platform is only intended to facilitate the rental of Spaces and to offer Users the opportunity to order certain goods and services from the Lessor. ZAPFLOOR cannot guarantee or verify the accuracy of the information put on the Platform by the Users or the quality or content of the Spaces offered and goods and services provided by the Lessor.
The use of the Platform, the leasing out/renting of Spaces and the use of goods/services is exclusively at the User's own risk. ZAPFLOOR cannot be held responsible for any damage that is directly or indirectly related to the behaviour of the User or the rented Space and goods and services provided, and in this respect explicitly rejects any form of liability, to the extent permitted by law.
ZAPFLOOR is in no case liable if the User receives a claim for compensation from other Users or third parties within the context of the use of the Platform or the rented spaces and provided goods and services. We advise the Users to contact an insurance broker to ensure proper coverage.
10. Limitation of liability
The User acknowledges and accepts that, to the maximum extent permitted by law, the entire risk arising from access to and use of the Platform, the Spaces rented out and the contact that the User has with other ZAPFLOOR Users (online or in person) rests with the User him/herself.
ZAPFLOOR cannot be held liable for:
· any direct or indirect damage resulting from the contracts concluded between the Users as referred to in Article 3;
· any direct or indirect damage relating to the quality of the Spaces, the conformity of the Spaces with their description, violation of health or safety regulations/rules or non-compliance with the User Guidelines;
· any direct or indirect damage relating to the compliance of each User with the applicable legislation;
· any direct or indirect damage resulting from the malfunctioning of the Site or Platform.
In any case and without prejudice to the foregoing, the liability of ZAPFLOOR towards each User is limited to 100 (one hundred) euros, as long as the damage, fault and causal link are proven. This limitation of liability is justified in view of the fact that use of the Platform by the Users is free of charge (except for any Usage costs and license fees paid by the Users and the licensee respectively).
12. Intellectual Property
The Platform and all Intellectual Property Rights relating thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrighted material, graphics, text, designs (including the "look and feel" of the Platform and the Site), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and target code, files, interface, graphical user interface and trade secrets, whether registered or not (collectively ‘Intellectual Property’), are the full property of and/or licensed to ZAPFLOOR and are protected by the applicable copyrights and other intellectual property rights under local, provincial, regional, federal, national and international regulations. All rights not expressly granted to the User are reserved to ZAPFLOOR and its licensors.
When the User uploads, posts, publishes, uses or makes available User Information on the Platform, the User grants ZAPFLOOR an, free, transferable, assignable, sub-licensable and worldwide license to use and reproduce the User Information, to the extent reasonably required for the performance of ZAPFLOOR’s obligations and the exercise of ZAPFLOOR’s rights under the Terms and Conditions by means of the Internet, any mobile device or by any other means, and via any media channels known today. The aforementioned licence is valid for the duration of the agreement between ZAPFLOOR and the Lessor.
The User warrants to ZAPFLOOR that the User Information when used by ZAPFLOOR in accordance with the Terms and Conditions shall not infringe the intellectual property rights or other legal rights of any third party, and shall not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law. In addition, the User warrants to ZAPFLOOR that it has the legal right to provide all personal data that it does in fact provide to ZAPFLOOR under or in connection with the Terms and Conditions and that the User has obtained sufficient consent from all data subjects concerned (if applicable).
ZAPFLOOR serves as an exclusive contact point for any questions or comments from the Users. If a User knows or learns that a User is acting inappropriately, including (but not limited to) not complying with the User Terms and Conditions or the User Guidelines, not performing that (the services) to which the User has committed him/herself or any other applicable regulations, the use of offensive, violent or sexually inappropriate language or behaviour, the User is obliged to report this person and/or this act immediately via [email protected] and if necessary to the competent authorities. ZAPFLOOR will take into account and investigate complaints from Users and will do its utmost to follow them up appropriately and, as far as possible, to find a solution within a reasonable period of time that is suitable for all parties involved.
By continuing to access or use the Platform after we have made a change, or have notified the User of a change, the User indicates that he/she has read, and understood the modified Terms and Conditions and agrees herewith.
If the User does not agree with the modified Terms and Conditions and/or Guidelines, the User can only decide to stop using the Platform. The User can ask ZAPFLOOR to delete his/her Account by sending a request to [email protected]. We shall delete the Account and all personal information relating to the User from the Platform in accordance with our Terms and Conditions within a reasonable period of time.
Use of certain parts of the Site and/or the Platform may be subject to separate terms and conditions. In the event of any conflict between these Terms and Conditions and specific terms and conditions of any part of the Site and/or Platform, the specific terms and conditions shall prevail over these Terms and Conditions.
15. Applicable law and jurisdiction
These Terms and Conditions and all disputes related to these Terms and Conditions and/or the use of the Site or Platform are governed by Belgian law. In the event of any dispute between ZAPFLOOR and a User in this respect, an attempt shall always be made first to find an amicable solution. If no amicable solution can be reached, the courts of Antwerp, Antwerp division, shall have jurisdiction.
Under no circumstances is ZAPFLOOR obliged or can it be obliged to intervene in a dispute among different Users.