Use of the Platform
- In using the Platform, you can view all listings published by listing owners (“Providers”), submit requests (“Requests”) to the Providers, make a reservation (“Reservation”) and write reviews.
- A Reservation placed through the Platform forms a binding agreement between you and the Provider if the Provider accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints, or remarks about a Provider, an Experience Offer, a Reservation, or a Request, you can contact Third Wave through the Platform.
- The listings are subject to the Provider’s terms and conditions, as well as all agreements between you and the Provider. Third Wave shall never become a party to an agreement between a Provider and you.
- You and the Provider are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation.
- To view, change or cancel your reservation, please refer to your confirmation email, where you will find all relevant instructions.
- You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights, or any other rights and you indemnify Third Wave from any third party’s claim in this respect. You also warrant that you do not submit content that involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam).
- We do not warrant that your content will be correctly, completely, and/or continuously available on the Platform.
In other words:
“After you’ve chosen a provider, made a reservation and entered all of your correct personal data, you will engage in a contract with the Provider. Third Wave can in no way be held responsible if issues (however unlikely) arise between you and the Provider.”
- By uploading reviews and other content, you grant Third Wave a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
- You represent and warrant that you have all rights to grant the licenses, without infringing or violating any third party rights, including but not limited to, any privacy rights, publicity rights, IP Rights, or any other proprietary rights. You indemnify Third Wave against any and all third-party claims, based upon any alleged infringement of such third-party rights in relation to the content you submitted.
- In order to submit a Request or make a Reservation, you may be required to provide personal data to a Provider. The Provider is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by a Provider.
In other words:
- Any liability on Third Wave’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
Warranties and indemnifications
- The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations, is the sole responsibility of you and a Provider. You indemnify Third Wave from all claims submitted by a Provider or a third party that relates to Reservations made by you with that specific Provider, as well as to the payment of such Reservations.
- However, Third Wave will provide assistance to you to the best of its abilities in case any issues arise between you and a Provider in order to resolve those issues.
- You guarantee that you will not use the Platform in a way that:
- infringes the rights of Third Wave or third parties such as other users or Providers, including but not limited to IP Rights or rights in relation to the protection of privacy;
- is contrary to any current legislation or regulations; or
- Third Wave is not responsible for any content made available on the Platform. Third Wave will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
- Third Wave has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Third Wave. This can be done by flagging the specific content as unlawful, whereupon Third Wave shall receive a notification.
- Third Wave reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests.
- In such a situation Third Wave can request a court order from a competent court to determine whether the material or the activity is unlawful and should be removed.
- Third Wave will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
- The person that has reported unlawful content indemnifies Third Wave from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Third Wave suffers, could suffer, or which Third Wave incur in relation to such a claim, including but not limited to the compensation of legal assistance.
- Third Wave respects and protects the privacy of those who report (alleged) unlawful content. All personal data Third Wave receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
In other words:
“In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content.”
Applicable law and competent court
- Third Wave may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Provider is not permitted to transfer any right derived from an Account to third parties without Third Wave’s prior written consent.
- If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.