Partner conditions

Last Updated: February 1, 2023

Please read these Partner Terms (as well as the Booking Terms) carefully as they apply to your relationship with Yoepie.

1. Definitions

In these Terms and Conditions, the following definitions apply:

"Request ": The User's request to the Partner for a Quote;

"Request Quote Process ": The Request Quote Process on the Website that User and Partner may use to establish an Agreement;

"Partner Terms and Conditions": the present Partner Terms and Conditions of Yoepie;

"Advertising Fees": For making the Yoepie Platform available to the Partner, Yoepie may be entitled to advertising fees, as agreed upon shall be with the Partner;

"Account": The User's Yoepie account and the password-protected page(s) containing account information and account management functionalities. Associated with the Account is a User-specific unique username and password;

"Supplies": The additional provisions between Partner and User, as included in the Agreement with respect to the nature of the agreed upon performance;

"Fee": For providing mediation services for the purposes of the Agreement, Yoepie may be entitled to a fee, as agreed upon with the Partner. The Fee is exclusive of VAT;

"User": The natural person who has registered on the Website by creating an Account and (possibly) wishes to enter into an Agreement with a Partner;

"Children's Party": the children's party offered through the Website by Partner;

"Quotation": a quotation from the Partner in response to the Application, containing the Children's Party offer, Price, Supplies and other relevant information;

"Agreement": The assignment agreement entered into between User and Partner;

"Partner": The (group of) natural person(s) and/or legal entity(ies) responsible for the execution of one or more Children's Party(s) offered on the Website and when a Children's Party is booked commits itself as (joint) contractor to the execution thereof, also referred to as "you", "you", you" and "your";

"Partner Content": any information, documentation, photographs, domain name or other material (which may include the Partner name, logo and any other brand features and intellectual property rights) that may be published on the Website;

"Price": The total price including VAT agreed upon by User and Partner for performing the Children's Party under the Agreement;

"Website and App": The website callable via the Internet with the address www.yoepie.nl, as well as other domain names and mobile applications (if any) associated with Yoepie, all operated by Yoepie;

"Yoepie": Yoepie Netherlands, a company registered in the Netherlands under number 88259994 with registered office in Amstelveen, Catharina van Clevelaan 46, 1181 BH.

2. Applicability

1. These Partner Terms and Conditions only apply to the use of the Website and therefore to those who are listed as Partner on the Website. The Website is made available under the following terms and conditions and these terms and conditions therefore apply to all information and services provided and/or offered on or through this Website.
2. Deviations from these Partner Terms and Conditions are valid only if expressly agreed upon in writing in advance. Yoepie reserves the right to change the Partner Terms and Conditions from time to time. You will at all times be bound by the Partner Terms and Conditions published on the Website at that time. If you do not agree to the amended Partner Terms and Conditions, you may terminate or deactivate your Account.
3. Express reference is hereby also made to the Terms and Policies of Yoepie, which by acceptance of these Partner Terms and Conditions also apply.
4. Applicability of any of your (general) terms and conditions is hereby expressly rejected.

3. Contents Website

1. Yoepie will publish your Children's Party on our Website, in accordance with the information provided by or on behalf of the Partner whether or not made available on the Partner's website. The Partner is permitted to post multiple Children's Parties on the Website. Yoepie assumes no liability for the content and/or accuracy of the information provided by or on behalf of you on our Website.
2. Yoepie endeavors to publish all Children's Party on our Website in such a manner that it is clear to you and the User what each person's rights and obligations are associated with the acceptance of an Offer. No rights whatsoever can be derived from the content of the Website.
3. The content of our Website is composed and maintained with the utmost care. Yoepie will take the measures that may be expected from it under any legal provision for the security and safety of its systems, (privacy sensitive) information provided to it and the content of the Website. Yoepie does not guarantee that the Website will function without error or interruption. Yoepie makes every effort to optimize the availability and accessibility of the Website.
4. By accepting these Partner Terms and Conditions you declare that you are authorized to use the Website, enter into agreements and that you will act in accordance with these Partner Terms and Conditions. By accepting these Partner Terms, you agree that your use of the Website is at your own expense and risk. Yoepie makes no warranty as to the results that may be obtained from the use of the Website, or the accuracy, reliability or any information or service made available through the Website.
5. Yoepie has the right to take the Website out of operation (for maintenance) at any time and makes no warranty with respect to the availability of the Website. We will perform this maintenance as much as possible between 00:00 and 7:00.
6. Any automated consultation, 'scrapping', 'crawling' or 'spidering', or the consultation of (data on) the Website is not permitted and can lead to immediate termination or deactivation of the Account.
7. Without prejudice to the other provisions of these Partner Terms and Conditions, it is not permitted:

• (attempt to) circumvent and/or remove technical security measures on the Website and/or enable or facilitate this for others;
• post and/or transmit from the Website any unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane or otherwise objectionable conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
• use the Website in such a way that it loses its functionality and/or usability;
• distribute, transmit and/or upload computer viruses or otherwise harmful files or programs on the Website;
• use the Website to upload, post or otherwise make available any material which is protected by copyright, trademark or other proprietary right, without the express prior written consent of the owner of such rights. In the event of damages arising from any infringement of these rights, you will be liable;
• distribute, upload and/or transmit any material on or through the Website for the purpose of generating publicity, promotion and/or advertising, all in the broadest sense, without Yoepie's prior written consent.

4. Account

1. If you wish to use certain parts of the Website, you must create an Account or activate your Account on the Website.
2. All information provided by the Partner must be true, complete and current, and Yoepie needs your help to keep this information as current as possible.
3. The Partner will ensure that of all material you post on the Website, you are the exclusive copyright owner and/or have permission to publish it. The material must in no way contain any form of nudity, obscenity or other content that is potentially offensive, abusive or alarming or involves sexual or illegal content and/or promotes violence or hatred.
4. You may terminate and/or deactivate the Account at any time by submitting written request. After sending the aforementioned request, a reflection period of 5 working days applies. After you have terminated and/or deactivated the Account, Yoepie will not retain any data without prior consent, unless Yoepie is required to do so under any legal provision. Obligations under existing Agreements will remain valid and enforceable even after termination and/or deactivation of the Account.
5. Yoepie has the right to unilaterally deactivate and/or terminate an Account at any time without prior notice. Obligations under existing Agreements will remain valid and enforceable even after termination and/or deactivation of the Account.

5. Establishment of Agreement

1. Through the Website, the User may send a no-obligation Request and/or a message to you about a Children's Party through the Request Quote process and inquire about availability on a specific date.
2. After submitting a Request, we request that you respond to a Request via the Request Quotation process within 8 hours, but no later than 24 hours. Through the Request Quote process, you can either send a no-obligation Quote to the User or reject the Request.
3. The Partner has the obligation to promptly report any inaccuracies or omissions in information provided to the User and Yoepie.
4. As long as the Offer has not been accepted by the User, you have the right to withdraw your Offer and enter into an Agreement with another User.
5. The Children's Parties that you can book through Yoepie are sold by you as our Partner and not by Yoepie. We are only responsible for the Children's Party offer as an intermediary and therefore not a contracting party in the Agreement with the User.
6. Yoepie will not become a contracting party to an Agreement between you and the User. You are the provider of the Children's Party and will perform the Children's Party under the Agreement at your own discretion and risk.
7. The Agreement for the Children's Party is directly between you and the User. Accordingly, Yoepie assumes no liability in connection with the performance of any Agreement. Please let us know if you encounter a problem or if the Children's Party does not meet your expectations infor@yoepie.nl. We will then do our best to help.
8. Should you, as a Partner, have your own terms and policies, it is your obligation to notify or inform the User of them.

6. Obligations of the Partner

1. The Partner shall use its best efforts to provide top quality Children's Parties to all Users and shall promptly handle all sales inquiries, issues or problems related to the Application or Agreement, as well as complaints from Users.
2. The Partner shall be directly liable to the User for all cases where the User's expectations are not met or for any other legal liability arising in connection with the Children's Parties, except where such liability arises from Yoepie's negligence.
3. Yoepie shall refer all User complaints it receives to the Partner and the Partner shall acknowledge all complaints and respond to the affected User within 48 hours of receipt of a complaint by the Partner (whether the complaint comes directly from the User or through Yoepie).
4. The Partner shall make every effort to resolve a complaint within 14 days and shall notify Yoepie of any correspondence between the Partner and the User regarding the complaint, and shall generally keep Yoepie informed of the progress and status of the complaint.
5. The Partner hereby acknowledges and accepts that the Website contains a review platform, on which Users can provide public reviews of their experiences with Yoepie and with the Partner (particularly in connection with the Children's Parties) ("User Generated Content"). The Partner should note that this platform cannot and may from time to time contain negative reviews and/or feedback from Users that are beyond Yoepie's control. If Partners are the subject of User Generated Content they have the option to respond to reviews from them. However, any content that the Partner posts in response to User Generated Content must be polite, professional and non-threatening or confrontational, and such content may be reviewed by Yoepie (and may be removed or modified at Yoepie's discretion as Yoepie reasonably deems necessary). For the avoidance of doubt, the Partner has no right of recourse as a result of any User Generated Content that mentions or refers to the Partner. However, if the Partner reasonably believes that any User Generated Content is defamatory of the Partner or any other person or otherwise violates the legal rights of any person, the Partner may identify and report such User Generated Content as such to Yoepie. In such event, Yoepie will review the Content and, in its sole discretion, take any action it deems necessary or appropriate (including, for example, removing or modifying the relevant portion of the User Generated Content). The Partner is only allowed to respond to a review through the review platform and must refrain from (attempting to) contact(ing) a User in response to a review by any other means, even if the Partner is familiar with the identity of the User who posted a review or can otherwise find out the identity of the customer.
6. The Partner is independently responsible for compliance with Data Protection Legislation, including the AVG.

7. Partner content

1. Partner hereby grants to Yoepie a non-exclusive, royalty-free, irrevocable and worldwide license (or sub-license, as applicable) and right to use, reproduce, distribute, communicate and make available the Partner Content on the Website and social media pages to the extent necessary for Yoepie to exercise its rights and obligations under these Partner Terms and for any other reason, including but not limited to marketing, advertising, commercial and editorial purposes.

8. General.

1. If you are not satisfied, would like to discuss something with us or have a complaint, please contact us at info@yoepie.nl.
2. Yoepie reserves the right to deactivate an Account in the event of a violation of these Partner Terms and/or when the Partner behaves in a manner that is inappropriate, violent or otherwise unacceptable towards our team or Users, either in communication via phone or email, or in person at the Partner's location.
3. If it is determined by a competent authority that any of these Partner Terms is invalid, illegal or unenforceable to any extent, such term or condition shall to that extent be severed from the remaining terms and conditions which shall remain in force to the extent permitted by law.
4. These Partner Terms and Conditions are exclusively governed by Dutch law. All disputes arising out of or in connection with these Partner Terms and Conditions shall be settled exclusively by the competent court in Amsterdam.