General Terms and Conditions

These are the general terms and conditions of Your Expat Social Club B.V. (hereinafter: YESC), a company with address Hembrugstraat 13-H, 1013 WV Amsterdam, Amsterdam. YESC is registered with the Chamber of Commerce under number 92874002. YESC offers an online platform for expats, where knowledge, tips and advice are shared and unique events and workshops are organized.

These Terms and Conditions are last modified on: 17-05-2024

1. Applicability

1. 1. These general terms and conditions apply to all services of YESC, to any agreement concluded between YESC and a User (as defined below) of our website www.yourexpatsocialclub.com (the “Website”) and all legal relationships and ( legal) acts resulting from it.
2. 2. By using the Website and YESC's services, you accept to be bound by these general terms and conditions.
3. 3. “Users” means all natural persons and legal entities who visit the Website, log in to the Website, and/or use, share and/or post information provided on the Website.
4. 4. YESC will send the general terms and conditions free of charge upon request. The general terms and conditions are also available at www.yourexpatsocialclub.com
5. 5. The above definitions are used in these general terms and conditions in both the singular and the plural.

2. Website usage

1. 1. The user must comply with Dutch and other applicable laws or regulations when using the Website
2. 2. User may not distribute the following via the Website:
3.     - Plagiarism and/or previously published content;
4.     - Pornographic videos, images or other media with an erotic effect contents;
5.     - Texts or images that are offensive, racist, discriminatory or hateful to be sowing;
6.     - Unsolicited advertising (spam);
7.     - False or misleading information; and/or
8.     -  Viruses, malware, spyware or other software intended to harm computer of ours or other Users.
9. 3. User may not create an account under someone else's name or register on another way of pretending to be someone else
10. 4. The User may not approach other Users for other commercial purposes, other than those for which the Website is intended.

11. 5. If the User wants to report another User who uses the Website abused, the User can send a message to info@yourexpatsocialclub.com.
    6. YESC reserves the right to modify or omit the information provided to the User before it is made known to Users and/or on the Website is published.

3. Account

1. 1. User must be at least 16 years old to create an account.
2. 2. User must protect the login details of his account from others.
3. 3. User must keep his password strictly confidential. YESC can assume that everything that happens on or with the User's account is done by the User is done or is done under the supervision of the User.
   4. If the User thinks or knows that his account is being misused, the User must do so to report to YESC as soon as possible. YESC will take appropriate measures in that case to take.
   • 5. The User is responsible for his behavior and any data, text, files, information, usernames, images, photos, profiles, graphic arts, copyrighted works, links and other content or materials.
   • 6. The user is responsible for the confidential data that he provides to YESC provided or for omitting confidential information.
   • 7. YESC is entitled to determine at its own discretion whether an account will be accepted/provided.
   • 8. YESC has the right to change accounts, profiles, data and other information at any time to modify or delete. In addition, YESC has the right to to deny access to the Website for a specific or indefinite period of time.
   • 9. If YESC is of the opinion that the User is violating the law or these general terms and conditions, YESC may (partially) exclude the User from the Website.  YESC can, for example, exclude the user from the Website by:
   •     a. delete the User's account; or
   •     b. block parts of the Website for the User.
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4. Rates and payment

1. 1. All prices used by YESC include VAT.
2. 2. Costs for a membership will be paid either annually or monthly by direct debit, accordingly to its membership. Payments are made in advance. For full membership details, we refer to our Membership Terms and Conditions.
3. 3. Payment of YESC invoices must be made within 30 days of the invoice date.
4. 4.  In the event of non-payment or late payment, the User is liable without notice of default legally in default. The user will then owe statutory (commercial) interest from the date on which payment became due until the day of full payment, whereby interest for part of the month is calculated over an entire month.
5. 5. If a User is in default, for example because amounts owed cannot be collected by YESC, YESC is entitled to close the account of the User in question.
6. 6. YESC is authorized to increase the rates if:
7.     a. The case of statutory price increases;
8.     b. Within three months after the conclusion of the agreement and this is the result of legal regulations or provisions; and/or
9.     c. From three months after the conclusion of the agreement, if the increase is not unreasonable.

5. Liability

1. 1.  YESC is not a party to the agreements concluded between Users and is therefore not responsible for the agreements between Users. In the event of a conflict, Users must resolve this themselves.
2. 2.  YESC is only liable for direct damage caused by gross negligence or intent on the part of YESC and up to a maximum of the amount stated in the invoice.
3. 3.  YESC is not liable for damage that is or may be the result of any act or omission as a result of the information on the Website or that of:
4.      a.  linked websites, even if there are imperfections; and/or
5.      b.  inaccuracies in the information we make available.
6. 4.  YESC is not responsible for errors and/or irregularities in the functionality of the Website and is not liable for malfunctions or other reasons the Website is unavailable for some period of time.
7. 5.  YESC takes all care that can reasonably be expected of YESC for the security of data of Users and third parties. YESC is not liable for loss of data or unauthorized access to data that occurs despite the care taken by YESC. YESC is also not liable for data loss or unauthorized access that occurs during the transmission of data public networks or when using third-party networks and systems.

6. Intellectual Property Rights

1. 1. You may not modify, create derivative works of, decompile or otherwise obtain or edit the source code of the Website, except as expressly permitted under an open source license or when express written permission has been obtained. Any attempt to do so is a violation of YESC's rights.
2. 2.  The YESC name and logo are trademarks of YESC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YESC. In addition, no YESC headlines, graphics, button icons and scripts, service marks, trademarks and/or figurative marks may be copied, imitated or used without the prior written permission of YESC.

7. Complaints

1. 1.  Complaints submitted to YESC will be answered within 10 working days from the date of receipt.
2. 2. The right to (partial) refund of the price or compensation will lapse if the complaint is not reported within the specified period, unless a longer period arises from the nature of the case. 

8. Involvement of third parties

1. 1. YESC is entitled to engage third parties in the performance of its services, where necessary. YESC is not obliged to personally inform the User of this. Using YESC's services implies that the User authorizes YESC to accept any limitations of liability of third parties on behalf of the User.
2. 2. YESC takes the utmost care when engaging third parties. YESC is however, not liable for the acts or omissions of these third parties, unless there is intent or gross negligence on the part of YESC.
3. 3. External events are events not organized by YESC, but by third parties. These events may be promoted and/or offered through our platforms or communication channels.
4. 4. The responsibility for the organization, execution, and insurance of external events lies entirely with the external party organizing the event.

YESC act solely as an intermediary for information and promotion of these external events and are not responsible or liable for any damage, loss, or costs resulting from participation in these external events. Participants are advised to carefully read and understand the terms and insurance provided by the external organizer before registering for an event.
5. Participation in external events is entirely at the participant's own risk. The participant acknowledges that any claims or disputes related to external events must be handled directly with the external organizer.
6. Any complaints regarding external events must be submitted directly to the external organizer. YESC may, if desired, assist in providing the contact information of the external organizer, but take no responsibility for the handling of the complaint.
7. We reserve the right to disseminate information about external events through our channels, but this does not imply endorsement or responsibility for the content or execution of the event.

9. Invalidity

1. If a provision of these general terms and conditions proves to be void or non-binding, YESC and the User will remain bound by the other provisions of this deed. YESC will replace the void or non-binding provision(s) with a provision that is binding and the scope of which is as much as possible the same as that of the provision(s) to be replaced, taking into account the purpose of these general terms and conditions.

10. Changes

1. YESC reserves the right to unilaterally adapt, supplement and/or change these general terms and conditions at any time without obliging or communicating this to Users. The most current version of the general terms and conditions can be found on the Website. By visiting the Website, the User is informed of the current general terms and conditions.

11. Other Provisions

1. 1. YESC may at any time make adjustments to the design or functioning of the Website, including the underlying technical mechanisms.

   2. These general terms and conditions apply not only to YESC, but also to other persons who are or have been involved in the use of services or to whom any liability rests or could rest in connection therewith. This also applies to their legal successors under universal title. 

12. Governing Law and choice of Forum

1. 1. All Agreements, the General Terms and Conditions, and all non-contractual rights and obligations arising from them, are governed in all respects by Dutch law.
2. 2. All disputes between and the Other Party, not being a Consumer, which may arise as a result of an Agreement and/or the General Terms and Conditions, or of agreements resulting therefrom, will in the first instance be settled by the competent court of Court of Amsterdam.

Your Expat Social Club B.V.