Definitions
In these Terms of Service, the following terms are employed with the meanings set out below:
Account: The Member’s dedicated personal area within the Application, which he or she accesses when he or she registers and connects to the Application. It enables the Member to access the Services. A Member may only have one Account.
Events: Any activity Members can create or attend, within or without Groups.
Facebook Connect: A feature enabling Members to use their Facebook account to log in to the Application, in order to simplify the registration process.
Female Members: Members registered on the Application as female.
Invite: Non-confidential function suggested before and/or after an Invite which triggers a notification to the Member to whom you’re sending it.
Male Members: Members registered on the Application as male.
Member: A person registered with the Application.
MYHOSPI: MYHOSPI, a Dutch company, owner and sole operator of the MYHOSPI application and trademark.
Services: All services, whether charged or free-of-charge, offered by MYHOSPI to encourage virtual interactions of the members.
TOS: These Terms of Service.
Web Application: The MYHOSPI web application, available on web.MYHOSPI.nl and the application, available on the Apple App Store and the Google Play Store
Article 1: Scope
The TOS define the rights and obligations of the parties when using the Web Application. They form the basis of the contractual relationship between the Member and MYHOSPI.
1.1 Conflicting Rules
These Terms of Service (TOS) determine the main rules of use for the Web Application. They are supplemented by additional policies – the Privacy Policy, the Cookies Use Policy – in order to provide the Member with clearer guidance on how to use the Application. In the event of a conflict between the various policies making the rules inaccessible, unintelligible and/or unpredictable, these TOS shall prevail over the Privacy Policy and the Cookies Use Policy.
1.2 Independence of Provisions
Should any provision of these TOS be declared invalid or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these TOS become distorted, or the obligations of the parties significantly thrown out of balance.
Article 2: Amendments to the TOS
2.1 Updates
MYHOSPI reserves the right, unilaterally and at any time, to add to or amend these TOS as it sees fit or to terminate the Services.
The Member will be informed of updates to the TOS via the Web Application and/or by email sent to the address provided by the Member. It is the Member’s responsibility to ensure that this email address is valid.
It is the Member’s responsibility to carefully read the updated TOS and to be fully aware of any changes ensuing from said updates.
Complete acceptance of the changes is implied by the Member’s continued use of the Application’s Services following the updates.
Should the Member not agree with changes made to the TOS, he or she has the option to end the Services and delete his or her Account.
2.2 Immediate Effect
All new versions of the TOS shall be effective immediately for all Members.
Article 3: Governing Law and Dispute Resolution
3.1 Governing Law
These TOS shall be governed by Dutch law, exclusive of its conflict of laws rules.
3.2 Dispute Resolution
In the case of dispute, the Member agrees to contact MYHOSPI directly in writing (by email or letter, to the email or postal address provided) prior to taking any judicial or extra-judicial action, in order to try and find an amicable settlement to this dispute.
In the case of failure, the Member is informed that he or she may choose to have recourse to mediation, free of charge, and submit its dispute to the Online Dispute Resolution platform proposed by the European Commission, which may be accessed at the following address: http://ec.europa.eu/consumers/odr/.
Article 4: Registration
4.1 Application Download Options
The Application is available on the Apple and Google official download platforms. It can be downloaded free-of-charge from the Apple App Store and the Google Play Store, on iPhones running version iOS 8 or higher, and Android Smartphones running version 5 or higher. The Web Application is available via de link: www.web.MYHOSPI.nl
4.2 Member’s Rights when Registering
Provided that the required conditions for Member status are met, MYHOSPI shall assign the Member a personal Account, which includes:
• A profile page
• An inbox
• A “notifications” option
A Member may only have one Account.
4.3 Obligations of the Member when Registering
The Member must be over the age of 16, and must guarantee that all information provided when registering is true and up-to-date.
Registration can be done in two ways:
– via the Facebook Connect: the social network enables MYHOSPI to use the Member’s profile photo, first name, age calculated based on date of birth and interests in order to create a “profile” page. Consequently, the Member must check the accuracy of his or her Facebook information before registering with the Service.
– via the creation of a user account in which the User fills in his or her name, email address and password.
Upon registration, the Member accepts these TOS and the Privacy Policy and agrees to fulfil his or her obligations.
Article 5: Services and Features
5.1 Purpose of the Service
The Web Application provides MYHOSPI Members with a user-friendly setting in which Room Seekers can send their profile and a (personal) message to Users who have placed an available room on the Web Application. Each Member is free to talk to and form relationships with other Members in compliance with these TOS and the law.
5.2 Services for Members
MYHOSPI’s services are available on the Application free of charge for Members who agree to comply with these TOS, including:
• Sending Invitations to room viewings
• Sending of Messages from Room Seekers to Users with an available room
• Sending of Messages from Users with an available room to Room Seekers
• Viewing of other Room Seekers profiles
• Passing an unlimited number of profiles
• Placing available Rooms on the platform by Users or by MYHOSPI itself when the availability of a Room is made publicly known
• Configuring his or her search criteria.
• Receiving notifications.
• Completing his or her profile in compliance with the TOS.
• Deleting Messages
Article 6: Protection of Personal Data
MYHOSPI is very concerned with the protection of your personal data and the respect of your privacy. We suggest that you read our Privacy Policy and carefully to better understand how we process your personal data, available by clicking on the following links:
Article 7: MYHOSPI’s Obligations and Liability
7.1 Technical Resources and Security
MYHOSPI agrees to provide the infrastructure and technical resources to provide a high-quality service to Members with an iPhone device running operating system version iOS 8 or higher, an Android Smartphone running version 5 or higher and (almost) every internet device with its Web Application.
MYHOSPI cannot be held liable for any operating fault on the Member’s device or for any compatibility issue between the Web Application and the device.
In addition, every effort is made to ensure that the risks of fraudulent access to MYHOSPI’s system are minimized. In this respect, MYHOSPI uses a firewall or equipment located between the Internet and the company’s private network, in order to make its security more robust by filtering traffic to and from the internet. It is, however, impossible to fully guarantee the security of a network.
MYHOSPI is not responsible for any failures, interruptions or poor performance of the Member’s internet provider Services, or for any cause beyond MYHOSPI’s control which might interrupt or have an adverse effect on access to MYHOSPI Services.
The Member must have access to a secure email account. If such a precaution is not taken, or even if it is, while this probability remains low, the Member’s Account may be vulnerable to fraud.
MYHOSPI shall also endeavour to avert Members of any exceptional risk of receiving spam Messages or Messages claiming to have been sent by MYHOSPI. The Member must be attentive and vigilant in order to avoid being the victim of scams and report any of the above circumstances to MYHOSPI by sending a letter or email to the address provided in these Terms of Services.
7.2 Illegal Conduct
MYHOSPI and its partners cannot be held liable for actions by its Members which are illegal or which incur criminal penalties, including but not limited to:
• All types of scams, especially with regards to non-existing houses or non-available houses,
• All activities of a commercial or professional nature,
• Prostitution,
• Identity theft,
• An infringement of a third-party intellectual property right,
• An infringement of personal rights, such as image rights and the respect of the right to privacy.
7.3 Reporting and Community Moderation System
As a hosting provider and pursuant, MYHOSPI has no legal obligation to monitor the content sent or stored via the Web Application.
However, as a hosting provider, MYHOSPI must set up a reporting and community moderation system in order to report some unlawful, abusive and prejudicial content.
In such case and after due verification by Customer Service, MYHOSPI commits to promptly remove the said content.
Pursuant to Dutch Law, the knowledge of illicit content is deemed effective when the hosting provider is notified of following:
• The notification date
• The content transmitter’s identity
• The description of the facts in contention (possibly with screen shots of the content)
• As well as the reasons for which the content must be removed.
MYHOSPI has therefore equipped the Web Application with a reporting and community moderation system, allowing Members to report the content described if it constitutes apology for crimes against humanity, apology for and incitement to terrorism, incitement to racial hatred, incitement to hatred based on gender, sexual orientation or handicap and inter alia child pornography, incitement to violence against women and violation of human dignity.
Guided by an extremely strict professional ethic and refusing any association with violent or insulting Members as well as unlawful, abusive or prejudicial content, MYHOSPI’s team takes this reporting procedure very seriously, which may also be implemented in the case of statements contrary to accepted social etiquette.
Hence, when the content published by a Member is reported, the transmitter’s account can be suspended or terminated according to the conditions set forth in Article 12.4. This decision is based on the proof given by the report’s author and is made in order to ensure the withdrawal of the content in compliance with MYHOSPI’s legal obligations.
The Member having originally published the reported content will be informed of such a decision to suspend or terminate the Account via the Web Application and/or by email at the address given. He or she will in no case be informed of the identity of the report’s author.
Should content be published that was reported and that may be seen as a violation of law or regulations, the Member who is a victim of this content is encouraged to submit a complaint to the appropriate police authorities.
The reporting system put in place by MYHOSPI does not replace any complaint and judicial procedure against a Member who authored the reported content.
Any misuse of the community moderation system or any unjustified reporting of a Member shall be considered a breach of these TOS, and penalties may be imposed including Account suspension/termination, pursuant to Dutch Law, besides application of penalties pursuant to Dutch Law or even legal proceedings, under which damages may have to be paid to victims.
7.4 Duty of Caution
The Member is solely liable for checking the identity of the people with whom he or she wishes to arrange a “real-life” meet-up. MYHOSPI may not be held liable for any problems whatsoever arising from a “real-life” meet-up.
7.5 Group Events
Using the Application’s Services to plan or organize a demonstration in a public place is strictly prohibited. Should such a meeting take place, MYHOSPI may not be held liable in the case of a public order offense or any damage caused by such meeting.
Article 8: Member Code of Conduct
8.1 Duty of Fairness and Honesty when Registering
In order to become a Member, all of the following conditions must be met:
• Must be an adult as specified by Dutch law (minimum of 18 years old on last birthday).
• Must have honestly and truthfully filled out the Facebook profile information or directly in the Web Application in the case of registration via a cell phone number. The Member must have provided the first name, sex and date of birth shown in his or her personal information. Failing that, the Member agrees to correct any errors on his or her Facebook profile, and to activate syncing of information between his or her Facebook profile and his or her Account. At the same time, the Member agrees to provide a valid email address.
• Must agree to regularly update the information provided when accessing his or her Account from the Application.
• Must have read these TOS and have accepted them when confirming his or her registration.
MYHOSPI does not have a legal obligation or the technical resources to verify the identity and age of Members. However, in the event of any doubt or cause for suspicion, or following the use of the reporting by a third party pointing to identity theft or fictitious or incorrect information, MYHOSPI shall conduct an investigation as quickly as possible and may correct the information provided where necessary without misrepresenting the Member’s profile.
For the duration of the investigation, MYHOSPI reserves the right to suspend the Account of any Member giving cause for suspicion as well as his or her access to the Application, and to conduct the necessary checks, in particular by asking him or her to send a copy of an official ID. The Member will be informed of the suspension of his or her Account via the application and/or by email to the address given in these Terms of Services.
Should the Member be unable to provide said proof, or in the case of a proven offense under these TOS, MYHOSPI may terminate the Account of the Member in question in accordance with the conditions set out by Article 12.4 hereof.
The Member agrees to have only one single account. Failing that, MYHOSPI may terminate the additional accounts, under the conditions described in article 15.4 hereof.
8.2 Duty of Fairness and Honesty during Use
In order to remain a Member, all of the following conditions must be met:
• Be honest and truthful in his or her statements.
• Only post photos and/or profile information that allow a Member to be easily identified, excluding photos and/or information in which third parties or items with no connection to the person or Member appear, such that MYHOSPI reserves the right to delete, at its discretion, any photo and/or profile that does not meet these requirements.
• Refrain from posting any confidential information about others such as financial data.
• Refrain from posting any content or photos on the Application which are pornographic or which violate modesty and human dignity.
• Respect the private nature of content and conversations exchanged with other Members through the Application, and therefore refrain from disclosing the content of such Messages to third parties.
• Refrain from violating intellectual property or laws on personality rights.
• Refrain from disrupting public order.
• Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.
• Comply with current laws and regulations.
• Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.
• Refrain from infringing upon accepted etiquette and standards of politeness with other Members.
• Refrain from infringing upon the normal running of the Web Application’s Services or infrastructure in any way.
• Refrain from using robots or tools other than those provided by MYHOSPI when using the Web Application to contact other Members.
• Refrain from using the Application to arrange professional services (escort or other similar services).
• Refrain from approaching other Members with the aim of promoting paid services or products.
• Refrain from disclosing his or her login information to other Members, particularly the user name and password to his or her Account.
• Refrain from advertising or encouraging in any way the use of any other service, whether or not it is a competing service, and refrain from committing any offense relating to unfair competition.
• Refrain from using the Application to organize gatherings or demonstrations.
The Member shall not copy and/or disseminate, and/or transfer technical data that it might intercept on the network connected to the MYHOSPI application.
8.3 Personal Use
The Member agrees to use the Application solely for personal use. The MYHOSPI network must not be exploited for commercial, promotional, electoral or recruitment purposes. It is strictly prohibited to send Messages of a marketing and/or commercial nature and/or newsletters via the MYHOSPI inbox, including but not limited to content, guidelines or hyperlinks to third-party sites or materials, particularly those of MYHOSPI’s competitors.
8.4 Member’s Liability
The Member is only liable for his or her own actions and for the data that he or she publishes via the Application.
Should MYHOSPI be held liable for any failure by the Member to comply with its obligations, the Member shall hold MYHOSPI harmless against any conviction made against it regarding the Member’s infringement of the law or of these TOS.
The Member may report unlawful content which violates Dutch law or these TOS using the moderation tools provided by the Application in accordance with Article 7.3 hereof.
8.5 Photos
All photos of a pornographic or exhibitionist nature, or which violate modesty and are generally offensive to moral values are strictly prohibited. The publication of such photos will be considered a serious offense which can lead to the suspension and/or termination of the Member’s Account, in addition to any other penalties that may be imposed by the courts.
8.6 Real-life Meet-ups
MYHOSPI advises Members who wish to arrange “real-life” meet-ups to be vigilant. Members are solely responsible for verifying the identity of those with whom they meet. “Real-life” meet-ups are arranged independently of MYHOSPI and are the sole responsibility of Members. MYHOSPI cannot be held liable for any acts or problems of any type which have been committed or caused by Members and/or former Members when such events occur following use of the Application. In this respect, one of the intended benefits of the MYHOSPI messaging service, again to ensure that Members remain safe and free from harassment, is to enable Members to decide which people should be allowed to see their profiles and talk to them.
As regards the people with whom the Member has agreed to exchange Messages, it is recommended that Members do not too readily reveal information which is not included in the profile such as a phone number, address or surname. For safety reasons, MYHOSPI strongly advises that real-life meetings be arranged only in busy public places or that a friend or relative be informed of the meeting and that Members disclose their contact information only after a reasonable period of time.
8.7 Account Management
The Member must regularly consult his or her inbox and notifications, which MYHOSPI will use inter alia to keep the Member updated on information pertaining to its Services. This information may also be sent to the Member’s email address obtained through Facebook Connect or directly provided by the member when registering with a cell phone number.
The Member may access the Services of his or her Account by connecting to the Application using a confidential user name and password. The Member is solely responsible for his or her login information and must ensure that no third party may access them. In particular, the Member shall specifically hold MYHOSPI harmless against any communication, use or declaration made using his or her Account.
8.8 Equipment
The cost of equipment (hardware or software) required to access the Services together with all other costs related thereto, including telecommunications costs, shall be borne solely by the Member. The Member is solely responsible for the hardware used to access the Service.
Article 9: Communication with the Member
9.1 Push Notifications
The Member may receive push notifications or e-mails through the Web Application or its email adress to notify him or her of important events, including but not limited to:
• An invitation to connect received from an available House,
• A Message received from another Member,
• A Message from MYHOSPI relating to the Member’s Account and/or Services.
The Member may change his or her push and e-mail notification preferences.
9.3 Advertising and Promotional Messages
MYHOSPI is free to post, within the scope of execution of the contract and through the Web Application, advertising and promotional messages from advertisers and any other partner.
Article 10: Intellectual Property
10.1 Prerogatives related to Trademark Law
The MYHOSPI trademark is exclusively owned by MYHOSPI. MYHOSPI holds all of the related rights.
Any reproduction and/or use and/or partial and/or total affixing and/or modification and/or deletion of the trademark and related rights, such as for example (without limitation) the Application’s slogan and logo, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without MYHOSPI’s prior, express and written authorization, and may give rise to legal proceedings.
10.2 Prerogatives related to Copyright
The original works provided by MYHOSPI are exclusively owned by MYHOSPI. MYHOSPI holds all of the related rights.
Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, photos, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without MYHOSPI’s prior, express and written authorization, and may give rise to legal proceedings.
10.3 License
The usage rights granted by MYHOSPI to the Member are restricted to private and personal use. Any other use by the Member is prohibited without MYHOSPI’s prior, express and written authorization.
The Member grants MYHOSPI and its partners a free-of-charge, non-exclusive, international and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component (text, photos, videos, etc.) that it may provide through the Application for the non-exclusive purpose of communicating with other Members. MYHOSPI shall use this license in a manner which complies with image rights and respect of the right to privacy which protects the user’s personal data, without misrepresenting the true nature of the Member’s profile and therefore in keeping with this profile. This license permits MYHOSPI to ensure that these components are compatible with its technical performance or the required media formats. These rights are granted on an international basis and throughout the performance of these TOS between the Member and MYHOSPI.
The Member shall retain ownership of any content and personal data that he or she provides.
The Member shall hold MYHOSPI harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party’s intellectual property rights. The Member shall hold MYHOSPI harmless against any claims or damages which may result from it including, but not limited to, requests for compensation.
Article 11: Counterfeiting, Unfair Competition and Parasitism
It is strictly prohibited to design a product similar to the Application or to create a derivative, and more generally to be guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. MYHOSPI reserves the right, in this case, to serve a writ on the Member in question in view of obtaining compensation for the injury caused by the Member.
Additionally, the Member who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Web Application to a third party in any way shall risk serious legal penalties.
Article 12: Termination
12.1 Deactivation of the Account by the Member
The Member may deactivate his or her Account without notice through the Web Application if he or she no longer wishes to be visible on it.
Once the profile has been deactivated:
• The Member’s profile will be made invisible to other Members in the past, present and future.
• There will be no change to the legal obligation for data retention.
• In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again.
12.2 Uninstallation of the Application by the Member
The Member may uninstall the Application from his or her cell phone at any time without notice. Consequently, the Member shall have no further access to the Application unless he or she downloads it again.
Once the application has been uninstalled:
• The Member’s profile will be made invisible to other Members in the past, present and future.
• There will be no change to the legal obligation for data retention.
• In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again.
By default, the Member’s profile remains accessible for the 24 hours following uninstallation.
12.3 Deletion of the Account by the Member
The Member may decide, at any time and without notice, to permanently delete his or her Account by sending an e-mail to info@myhospi.nl.
Consequently, the Member’s profile will be permanently deleted.
Should the Member wish to start using the Web Application again after deleting his Account, he or she must register under the same terms and conditions as the initial registration.
Once the Account has been deleted:
• The Member’s profile will be made invisible to other Members.
• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon MYHOSPI in accordance with the terms set out by the Privacy Policy, and shall be permanently deleted thereafter.
The Member cannot reactivate his or her old Account.
12.4 Suspension/Termination of the Account by MYHOSPI in case of breach of TOS
In case of breach of TOS by the Member, his or her account can at any time be suspended as a safeguard measure and then terminated as of right by MYHOSPI.
MYHOSPI will be entitled to suspend a Member’s account as long as necessary to allow MYHOSPI’s customer service team to make all investigations necessary or in case of presumed breach of TOS which may be remediated.
The Member whose Account is suspended will be informed by MYHOSPI of such a decision by way of a notification on the Web Application and/or by email. The Member is invited to contact MYHOSPI customer service by email in order to obtain more information on the reasons for the suspension and in order to provide explanations and/or bring the proof that the breach has been remediated.
If within 30 days following the notification of the account suspension, the Member has not contacted MYHOSPI customer service, or if the elements given by the Members did not help to remedy the breach, MYHOSPI will be entitled to notify the Member of termination of his or Account via the Application and/or by email and inform the Member of the period in which he or she cannot re-register for the Web Application. Unless stated otherwise, the duration of such removal is set at 1 year from the notification of termination of the Account.
Upon Termination of the Account:
• The Member’s profile will be made invisible to other Members;
The Member will not be able to create another account for a maximum 1-year period from the notification of the Account termination.
Article 13: Contact
MYHOSPI may be contacted by mail at info@myhospi.nl.
Article 14: Confidentiality Clause
Neither MYHOSPI nor the Member are authorized to disclose information about the agreement between them, and each party agrees to comply with a confidentiality clause which requires them to prefer confidential negotiations in the event of a disagreement.