Terms & Conditions (Updated On 23-07-2023)

Please read this important legal information that apply on your use of our website (sportees.nl) and its services.
By using http://www.sportees.nl or the Sportees mobile application (collectively, the “ Website ”), you confirm that you have read, understood, and accept these terms of use (“Terms ”) as the terms which govern your access to and use of the Website and the Service and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use this Website. Additionally, when using a portion of the Service, you agree to conform to any applicable regulations and guidelines for such Service, which may change or be updated from time to time at our sole discretion.

These Terms and Conditions are made between Sportees (“we” “us” “ our ”, the “Company”, as applicable) and you (“you” "buyer" "seller" "partner" "supplier" "rentee" "renter" "exchanger" "trader" or the “ User ”). If you are a company and want to advertise on our Website, you will be required to enter into additional terms and conditions, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Company.

Definitions

The following capitalised terms shall have the following meaning, except where the context otherwise requires:
“Registration Details” means the details a Seller, Buyer, Supplier, Trader, Renter, Rentee, Exchanger or Partner must provide upon registering for the Services and the Website from time to time (for example: name, phone numbers, email address, age, address and/or tax status) and any documentation as may be requested by the Sportees from time to time;
“Seller” means a seller of a Product;
“Renter” means a renter of a Product;
“Rentee” means a rentee of a Product;
“Exchange” means a seller as well as a buyer of a Product;
“Buyer” means a buyer of a Product;
“Supplier” means a supplier of a Product;
“Trader” means a trader of a Product;
“Partner” means our business or trading partner;
“Offer” means an offer submitted by a Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner to Sportees to sell or buy a Product through the Services;
“Product” means any part, item. device or accessories related to sports;
“Offer Price” means the price at which a Product is listed for purchase on the Website;
“Services” means the services provided by Sportees, pursuant to which Users can sell and buy Products through the Website;
“Terms and Conditions” means these terms and conditions with respect to the Services, as may be amended by Sportees from time to time;
“Advertising Agreement” – an agreement for the provision of advertising services or products entered into between the Company and the Client.

A seller, buyer, supplier, trader, rentee, renter, exchanger or partner must:
(a) be at least eighteen (18) years of age, in the case of an individual;
(b) be legally capable of entering into a contract with Sportees;
(c) not have any criminal record and be compliant with all Applicable Laws;
(e) have valid identification or incorporation documents as requested by Sportees, in the case of an individual or legal entity, respectively.

Each seller, buyer, supplier, trader, rentee, renter, exchanger or partner warrants and represents that:
(a) it is the legal owner of the Product and is legally authorised to sell, buy, rent, exchange, or trade the Product;
(b) their use of the Website and sale of the Product would not be in breach of any Applicable Law or agreement or contract to which the seller, buyer, supplier, trader, rentee, renter, exchanger or partner is a party; and
(c) the Product is free from any encumbrances.

The Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner must provide a true, accurate and correct description of the Product and its specifications including, but not limited, the model, the storage space and the condition. - The Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner must ensure the Device is not blocked or PIN locked when collected by Sportees. - In registering for the Services and the Website, Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner must provide true, accurate, current and complete Registration Details. Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner must update any changes to their Registration Details (except age). - A Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner must keep confidential any user identification and password details set-up or given to the Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner as part of Sportees’s security procedures and must not disclose them to any third party. - Each Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner is solely responsible for any use of, or action taken under the Seller's, Buyer's, Supplier's, Trader's, Rentee's, Renter's, Exchanger's or Partner's account, and shall fully indemnify Sportees and its affiliates, directors, officers, employees, authorised representatives, consultants, professional consultants or authorised agents from any damages or injury suffered by Sportees resulting from any use of the Seller's, Buyer's, Supplier's, Trader's, Rentee's, Renter's, Exchanger's or Partner's account or any breach of Applicable Law. - Sportees reserves the right to suspend or terminate a Seller's, Buyer's, Supplier's, Trader's, Rentee's, Renter's, Exchanger's or Partner's account where, in its absolute discretion, it suspects or deems or in Sportees’s opinion the Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner has breached these Terms and Conditions or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, Sportees will notify the Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner by email and the Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner must not seek to re-register on the Website either directly or indirectly or through a related entity or another person. Sportees’s rights under this paragraph shall not prejudice any other right or remedy Sportees may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination. - Sportees may refuse to provide the Services to a Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner if, in its sole discretion, Sportees considers that the Seller, Buyer, Supplier, Trader, Rentee, Renter, Exchanger or Partner has not complied with any other obligation stated in this document. - Sportees will not accept liability for any loss, damage or costs which you incur if any SIM card, memory card or other media device is sent with the Product or if personal data remains on the Product including, without limitation, any charges which you incur as a result of use of your Product by any person, whether incurred before or after our receipt of the Product. We will not be in any way responsible for the security, confidentiality, protection, use or disclosure of any personal data that you fail to delete or any losses or costs that arise as a result and shall not be deemed to be holding, processing or otherwise using the data on your behalf in any way.

“Ad Services Package” – the bundle of services which the Company agrees to provide to the Customer, Supplier or Partner as set out in the relevant order form provided by the Company and signed by the Client, supplier or partner to order the Services Package pursuant to these Terms and the terms of the Agreement.
“Affiliates” – any company that is controlled or owned by Sportees and any company commonly controlled or owned by Sportees.
“Client” – the client entity that is party to the Agreement.
“Customer” – any customer of the Client.
“Effective Date” – the date set out at the top of these Terms.
“Intellectual Property Rights” – all intellectual property, including patents, trademarks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
“Material” – material and content published on the Website or otherwise provided by the Company in connection with the Service.
“Privacy Policy” – the privacy policy of the Company from time to time.
“Posting Agents” – a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.
“Registration Details” – the details a User must provide upon registering for the Website from time to time (for example: name, phone numbers, email address, age and/or address).
“Service” – the provision of the Website and the Product.
“Unacceptable” – any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered: a)- illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling; b)- in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); c)- in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or d)- harmful to the Company’s reputation. “User Material ” – material and content posted on the Website by a User or otherwise provided to the Sportees by a User in connection with the Website or the Service.

We reserve the right to update/change these Terms and Conditions from time to time. Our updates will be displayed on our website, and by continuing to use and access the platform, following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

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