Terms of Use

Last Updated: February 1, 2023

Before using our Website or App, please read these Website and App Terms of Use carefully to the extent they apply to your use of our Website and our App. We recommend that you print a copy for future reference. These Website and App Terms of Use refer to the following additional terms that also apply to your use of our Website and our App: - Our Privacy and Cookie Policy; and - Our User Generated Content Policy.

By using our Website or App, you acknowledge that you accept and agree to comply with these Website and App Terms of Use. If you disagree with these Website and App Terms of Use, you may not use our Website or our App.

NB: these Website and App Terms of Use only apply to your use of our Website and our App. They do NOT apply to third party goods and services that can be booked on our Website or App. Please see our Booking Terms and Conditions for the terms and conditions that apply when you make a booking or purchase vouchers on our Website or App.

'Terms and Policies' in these Website and App Terms of Use refers to all of the following policies: our Privacy and Cookie Policy, our User Generated Content Policy, these Website Terms and Conditions and our Booking Terms and Conditions.

1. Use of the Website and our App

1. These Website and App Terms of Use set out how you may use our Website and our App. By accessing the Website or our App, you agree to these Website and App Terms of Use. These Website and App Terms of Use apply to any method you used to access the Website or our App, including, but not limited to, the Internet, digital television and cell phone.
2. If you do not agree to these Website and App Terms of Use, you should not use the Website or our App. You must read all the Website and App Terms of Use before using the Website or our App.

2. Access to our Website and our App

1. Access to our Website and our App is permitted on a temporary basis. We reserve the right to discontinue or change our Website or our App (and products or services offered thereon) without notice. We shall not be liable if for any reason our Website, our App, or any part thereof, is or are unavailable at any time or during any period.
2. We update our Website and our App from time to time and thus may change the content without notice to you. We reserve the right to discontinue, modify or suspend the Website or our App (or any part thereof) at any time without notice.
3. Materials and information posted on our Website or our App are not intended as advice and should not be construed as such. Accordingly, we disclaim all liability and responsibility arising out of the fact that such information is construed as such to the fullest extent permitted by all applicable laws.
4. You are responsible for all arrangements necessary to access, and view, this Website and our App, and you must ensure that you have up-to-date anti-virus software on any device from which you access our Website or our App.
5. It is your responsibility to ensure that all persons who access our Website or our App through your internet connection are aware of these Website and App Terms of Use.
6. We expressly reserve the right to deny access to our Website and/or our App and/or refuse an order in the event that a credit check or fraud prevention check has a negative result or when we reasonably suspect fraud or money laundering by you or anyone using your account.

3. Password and Account Security.

1. You are responsible for the safety and security of your password and login information. To help protect you from unauthorized access to your account, you are advised to keep your user name(s) and password(s) safe and secure. Make sure your password is not one you have used before, is eight characters or more, and, ideally, is one you do not use for other sites. We recommend that you do not disclose your user name(s) and password(s) to anyone. We also recommend that you log out of your account at the end of each session. In addition, you can also close your browser window when you have finished your session, especially if you share a computer with someone else or if you are using a computer in a public place.
2. If you suspect that unauthorized access has been gained to your account, you must notify us immediately by contacting us at info@yoepie.nl. We will investigate any alleged unauthorized account activity. Without prejudice to any other terms and conditions regarding our right to disable or block access to your account, we reserve the right to disable or block your account at any time when unauthorized access to your account is suspected.

4. Misuse of our Website or our App

1. You must not misuse our Website or our App by: (a) intentionally executing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other materials, programs or codes that adversely affect the operation of computer software or hardware (or have been developed for that purpose); and/or (b) obtaining or attempting to obtain unauthorized access to the server on which our Website or our App is/are stored or any server, computer or database connected to our Website or our App; and/or (c) attacking our Website or our App via a denial-of-service or distributed denial-of-service attack.
2. Violation of this provision may constitute a criminal offense under the The Computer Crimes Act III. We will report all such violations to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a violation, your right to use our Website and our App will immediately expire.

5. Users

1. If you are 18 years of age or older, you may create an account and become a registered User of the Website and our App ("User").
2. As a User, you may have access to additional products or services and/or functionality, for example, the ability to create an account, store contact information, post user-generated content ("UGC") on the Website or through our App, and you may receive information about promotions and special offers limited to Users, if applicable.
3. Any personal information you provide to us during your registration as a User or after registration will be retained and used in accordance with a consent obtained from you and the terms of our Privacy and Cookies Policy.
4. We also have the right to disable any User identification code or password chosen by you or assigned by us at any time if, in our reasonable judgment, you fail to comply with the provisions of any of our Terms. If you know or suspect that someone other than you knows your username or password, you must notify us immediately at info@yoepie.nl.

6. Posting UGC

1. If and when the functionality of the Website or our App permits, Users or other visitors to the Website or our App who log into a social media account via a widget or interface available on or off the Website may post UGC on the Website or through our App.
2. All posted UGC will be attributed to the username you provide or the username of the social media account you login with, but we will not publish your email address on the Website or through our App.
3. We reserve the right to refuse to publish UGC (or remove previously published UGC without notice) if it does not comply with our User Generated Content Policy. We will not be liable for any losses or damages arising from any such decision to refuse to publish UGC (or remove previously published UGC).
4. We also reserve the right to close User Accounts and/or prevent certain users from posting UGC on the Website or through our App if they persistently and/or severely violate the terms of the User Generated Content Policy.
5. Views and opinions expressed in UGC by Users or other members of the public belong to the submitter of the UGC, not that of YOEPIE and we accept no responsibility for the content of such UGC.
6. However, if you find certain UGC on the Website in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or misleading, we request that you report it to us by emailing us at info@yoepie.nl with the subject line "Unwanted Content". Upon receipt of your complaint, we may remove or block access to the UGC complained about.

7. Intellectual property

1. You may access, view and print one copy of this Website and all information, images and other content (excluding UGC) displayed on the Website or through our App ("Materials") in strict accordance with these Website and App Terms of Use.
2. You may view, print, use and cite the Website and Materials, and you may quote from them, only for your own personal, non-commercial use and provided that you properly credit Yoepie as the source.
3. Nothing in the above license infringes or restricts moral rights of authors with respect to the Materials.
4. We expressly reserve all intellectual property rights in and to the Website, our App and the Materials, and your use of the Website, our App and the Materials is subject to the following restrictions. You may not: (a) remove any copyright or other proprietary notices on or in the Materials; and/or b) use any Materials from the Website or our App in such a way that would in any way infringe any copyright, intellectual property or proprietary rights of us or any third party; and/or c) use or allow others to use an automated system or software to obtain content or data from this Website or through our App ("screen scraping"), except in cases where you or an applicable third party has/has entered into a written license agreement directly with us that expressly permits such activity; and/or d) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use a different browser or "border environment"), communicate to the public or provide to any third party, or exploit this Website, our App and/or the Materials for any commercial purpose, without our prior written consent through a license agreement.

8. Trademarks

1. We expressly reserve all rights in and to the domain name www.yoepie.nl and all related domains and subdomains, the name "YOEPIE", our logo, service marks, trade names and/or trademarks. Other trademarks, products and company names mentioned on the Website, or referenced through our App, may be trademarks of their respective owners or licensors and the rights to such marks are reserved to their respective owners or licensors.

9. Linking to our Website

1. You may link to any page of the Website for non-commercial purposes, provided you do so in a manner that is fair and lawful and does not damage our reputation or unfairly benefit from it. For the avoidance of doubt, the linking site may not contain adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
2. You may not link to our Website in such a way as to suggest any form of association, endorsement or support on our part when there is none. You must not remove or obscure by framing or otherwise any advertisement, copyright notice or other information published on the Website.
3. Our Website may not be framed or submitted to another browser or border environment on another site.
4. If you wish to link to our Website for commercial purposes or any other purpose not listed above, or if you would like to become a Partner, please contact us at info@yoepie.nl.
5. We reserve the right to revoke permission to link at any time and without notice.

10. Privacy, your personal data and cookies

1. The privacy of your personal data is important to us. Please see our Privacy & Cookies Policy for more information on how we will process your personal data, where it is provided to us, and how we use cookies.

11. Third party content and third party websites.

1. Our Website and our App may contain advertisements submitted by third parties. These third parties are solely responsible for the content of their advertisements and must ensure that they comply with all relevant laws and regulations. We do not take any responsibility for the content of third party advertisements.
2. Our Website, our App and/or the Materials may contain links to third-party websites (including those of our Partners). If you decide to visit a third-party site, you do so at your own risk. We are not responsible or liable, directly or indirectly, for the content, accuracy or opinions expressed on such websites or the quality of goods or services available through or on such websites. Unless otherwise expressly stated, links do not imply that we or our Website or our App are affiliated or associated with such sites.
3. Our communications with you may include information from third-party websites. Material from a third-party site will be marked as such and a link to the source website may have been provided. We assume no responsibility or liability for any material provided by, or present on, a third-party website linked from our communications with you, or any use of personal data by such third party.
4. Inclusion of a link in our communications with you does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk.
5. Please note that when you use a link to go from our Website or our App to another website, our Terms and Policies (including our Privacy & Cookies Policy) no longer apply. Your browsing and interaction on any other website, including websites linked to ours, is subject to the terms and policies of that website. Please read the terms and policies before proceeding.

12. Our Liability

1. We exclude and disclaim all warranties, conditions and representations otherwise implied by law with respect to this Website or our App to the fullest extent permitted by law. In particular, we do not represent or warrant that the Website or our App will be error-free, free of viruses or other harmful components, or that defects will be corrected. You should take your own precautions in this regard. To the extent permitted by law, in no event will we be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material through your use of our Website or our App.
2. To the extent permitted by law, we accept no liability for any failure to maintain the Website or our App and/or provide or deliver Materials in a timely manner.
3. Please note that our Website and our App are for private and private use only and you agree not to use our Website or our App for commercial or business purposes unless we have approved you as a Partner.
4. We do not accept any liability for the following types of loss, even if the loss is foreseeable: loss of revenue or sales, loss of business, loss of profits, loss of anticipated savings, loss of data or wasted management of office time.
5. The Materials may contain inaccuracies and typographical errors. We do not guarantee the accuracy or completeness of the Materials.
6. We are not liable for any damages resulting from your acts or omissions based on the Materials available on this Website or through our App. However, nothing in these Terms of Use Website and App will affect your legal rights, and nothing in these Terms of Use Website and App will exclude our liability for death or personal injury arising from negligence, fraud or fraudulent misrepresentation and/or anything else that cannot be excluded or limited by us under English law.

13. Disclaimer

1. The information is provided by www.yoepie.nl and while we constantly strive to keep the information as correct and up-to-date as possible, we make no representations or warranties, express or implied, as to the completeness, accuracy, reliability, suitability or availability of the information, products, services or graphics on www.yoepie.nl. Your use of the information, products and/or services should be based on your own judgment. Please consult an appropriate professional for advice specific to your situation. Any reliance you place on such information is strictly at your own risk.
2. Through this website you may be linked to other websites which are not under the control of www.yoepie.nl. We are not responsible for these referred sites and therefore have no control over the nature, content and availability of those sites. The use of links does not necessarily imply a recommendation or endorsement of the expressions on the linked websites.
3. In no event shall we be liable for any direct, indirect, incidental, special and consequential damages or any damages whatsoever arising out of, or in connection with, any information, products, services or the content of www.yoepie.nl.

14. Countries served.

1. This Website and our App are intended for users in the Netherlands only. Although access from outside the Netherlands is possible, neither this Website nor our App are intended for such use and such users access the Website and our App at their own risk.

15. Changes to our Terms of Use Website and App

1. We may amend these Website and App Terms of Use from time to time, in which case an up-to-date version will be available via the Website and our App. You should check these Website and App Terms of Use periodically to ensure that you agree to any changes. You will be deemed to have accepted any changes to these Website and App Terms of Use after being notified of the changes on our Website or our App and/or if you continue to access or use the Website or our App, where you can view the updated Website & App Terms of Use.

16. Jurisdiction and Applicable Law

1. The Dutch courts shall have non-exclusive jurisdiction over any claim arising out of or in connection with a visit to this Website or use of our App. These Terms of Use Website and App are governed by Dutch law.

17. Contact Us

1. If you have any concerns or questions about material that appears on our Website or our App or if you have any questions about your use of this Website, our App or these Terms of Use Website and App you may report to us at info@yoepie.nl.