1. WHAT THESE TERMS OF USE COVER
1.1. This Agreement shall always and in full apply to all (legal) act(ion)s and interactions which take place between you and Sublimity, explicitly including (but not limited to) visits to and use(s) of:
● the App, and to all information, recommendations and Services that Sublimity provides to you via the App (the “Content”). The Content is made (technically) available to and accessible by you by Sublimity, albeit for the most part on behalf of third parties and/or third-party service providers for and/or on behalf of which Sublimity provides the Services (“Third Party Suppliers”); and
● the “Services” which are to be provided by Sublimity to you, consisting of all (executions of) requests which are made by you via the App and executed by Sublimity for you, directly or indirectly via (a) Third Party Supplier(s).
1.2. No other (general) terms and/or conditions other than this Agreement are applicable to the legal relationship(s) between you and Sublimity. The applicability of any other (general) terms and/or conditions is hereby excluded and rejected by you.
2. THE CONTENT AND OBLIGATIONS
2.1. By using the App, Sublimity will provide the Content to you via the App. This will be done for your own use in order to enquire into and/or use the Services, which shall at all times be done by you in an orderly manner and according to the standards of reasonableness and fairness.
2.2. You realise that using the Content via the App and (therefore) entering into this Agreement does not give you any rights and/or does not oblige Sublimity to (do) anything, except for the actions expressed in this Agreement upon requesting and/or receiving the Services. More specifically and for the avoidance of doubt: simply using the App and (therefore) entering into this Agreement does not give you the right and/or does not oblige Sublimity to enter into any further agreement whatsoever and/or to obtain any (ownership) rights with respect to Sublimity in any form whatsoever
3. THE SERVICES
3.1. In order to use a specific Service, you must make an enquiry in relation to said Service(s) via the App. Sublimity will respond to such an enquiry with an offer for the provision of the requested Service(s) via the App or reach out to you directly via telephone or e-mail, to be executed directly or indirectly via (a) Third Party Supplier(s) (if applicable), which offer will be executed by Sublimity if accepted by you.
3.2. Sublimity is legally permitted to, after consultation with you, involve and/or contract (a) Third Party Supplier(s) in order to perform and/or execute the requested service(s) which were requested by you as part of the Services. Acceptance thereof will result in a legally binding contract for the provision of the service(s) between you and the relevant Third Party Service provider, to which Sublimity is not a party. If a relevant Service requires so or if you agree 1 / 5 thereto, Sublimity can and will facilitate and execute the payment thereof to the relevant Third Party Supplier on your behalf.
3.3. In the event that a Third Party Suppliers agreed upon by you needs to be changed on a last-minute basis, irrespective of the reason(s) therefore, Sublimity will use its best efforts to find a comparable Third Party Supplier to perform the requested service(s) and will inform you thereof. If this alternative service to be provided by the Third Party Supplier entails additional costs, Sublimity will inform you thereof beforehand. If you refuse the alternative, Sublimity is not bound or obligated to find another Third Party Supplier and Sublimity is not and cannot be held liable for any damages incurred by you as a result of the impossibility to perform (a part of) the Services.
3.4. If Sublimity is of the opinion that a request made by you is illegal (in any relevant jurisdiction), immoral, in any (other) way incoherent with Sublimity’s core values and/or (in) breach(ing) this Agreement, Sublimity will notify you thereof and is obligated to refuse to provide further Services.
3.5. Sublimity is no longer obliged to fulfil its obligations under (the execution of) the Services and/or this Agreement if it has become impossible, practically unfeasible, unsafe to provide or perform (part of) the Services and/or in all events which are beyond the control of Sublimity and which are unforeseen, unavoidable or insurmountable, and which prevent total or partial performance by Sublimity.
4. FEES AND COSTS
4.1. For the provision of its Services to you, Sublimity will charge to you one or more fees (the “Fees”) as well as other costs as offered and/or specified by Sublimity to you via the App or directly via telephone or e-mail in urgent or specific cases.
4.2. The Fees and costs payable by you to Sublimity will also include the cost of the service(s) to be provided to you by the Third Party Supplier(s), unless otherwise agreed upon or otherwise indicated by Sublimity. Sublimity will collect from you the Fees and/or costs on behalf of the relevant Third Party Supplier(s) for the service(s) to be provided to you by the relevant Third Party Supplier(s). By entering into this Agreement, you hereby authorize and give a power of attorney to Sublimity do to so on your behalf.
4.3. All Fees and other costs to be paid by you to Sublimity are exclusive of VAT, unless stated otherwise in the App and/or on the relevant invoice issued by Sublimity. 4.4. All Fees and other costs due by you to Sublimity must to be paid within 14 (fourteen) days after the date on the invoice.
4.5. If you fail to pay the Fees and/or costs owed by you to Sublimity or fail to pay them on time and/or Sublimity is unable to collect them from you on behalf of itself and/or the relevant Third Party Supplier(s), neither Sublimity nor the relevant Third Party Supplier(s) is obliged to provide or perform its Services or any other work for or on behalf of you.
5. TERMS OF USE
5.1. By entering into this Agreement, you hereby confirm and warrant to Sublimity that you will use and/or interact with the Content and the Services:
● only if you are over 18 (eighteen) years old;
● at your own risk and expense or, if you are acting for and/or on behalf of a corporate user (legal entity), at the risk and expense of said corporate user; 2 / 5
● exclusively for yourself and not (also) for and/or on behalf of anybody else or, if you are acting for and/or on behalf of a corporate user (legal entity), for and/or on behalf of said corporate user;
● exclusively via your personal account on/via the App. You are only allowed to have 1 (one) personal account, the contents of which are strictly personal and (therefore) not to be shared and/or used by anyone else;
● in an orderly manner and according to the standards of reasonableness and fairness as well as in a legal and non-fraudulent manner. More specifically: you will only use and/or interact with the Content and the Services via your personal account on/via the App. You will not circumvent your personal account or the App and also not use the Content and the Services via screen-scraping and/or via any other irregular and/or fraudulent way;
● only if you are legally permitted thereto under the laws and regulations applicable to you and applicable to this Agreement to do so; and
● in a manner that is not in breach of this Agreement, is not in breach of any third party’s rights and/or other obligations (in the widest sense and however named), does not conflict with the applicable standards of reasonableness and fairness, nor in a way that is contrary to public order or morality.
5.2. In the event that you breach any of the confirmations and/or warranties stated in clause 5.1, Sublimity is legally entitled, without giving you prior notice thereof, to close down your personal account permanently and (thus) exclude you from using and interacting with the App, the Content and the Services.
5.3. If applicable, Sublimity may use a strict KYC (know your customer) and AML (anti money laundering) procedure and applies accompanying checks herself and/or perform this procedure via a third party designated thereto by Sublimity. By entering into this Agreement, you hereby agree in advance to the applicability of any such procedure and accompanying checks. This will result in Sublimity formally requesting you to complete said KYC and/or AML procedure(s) in order to be allowed to create a personal account, use the App and use and interact with the Content and the Services. Sublimity will inform you thereof in due time and grant you ample opportunity to complete said procedure(s). However, should you, upon the creation of your personal account or at any other point in time thereafter fail to successfully complete said procedure(s) – which is to be determined at the sole discretion of Sublimity and/or a third party designated by Sublimity – Sublimity is legally entitled to close down your personal account permanently and (thus) exclude you from using and interacting with the App, the Content and the Services.
6. YOUR PERSONAL ACCOUNT
6.1. As stated before, you are only allowed to have 1 (one) personal account on/via the App or, if you are acting for and/or on behalf of a corporate user (legal entity), said corporate user is only allowed to have 1 (one) account in its name on/via the App. This account is strictly personal and may only be used by you – not (also) on behalf of anybody else, with the exception of when you are acting for and/or on behalf of a corporate user, in which case you may use the account for and/or on behalf of said corporate user.
6.2. You are yourself responsible for any and all information that you have entered and/or included into your personal account. It is your own responsibility to keep all information in your personal account up to date. You realise that this is of essential importance in order for you to use and access your personal account, use the App and receive the Services, but also, and more importantly, to enable Sublimity to contact you in case of an emergency, changes to the App, the Content, the Services and/or this Agreement, et cetera.
6.3. If you wish to close down your personal account, you can request Sublimity to do so via the App or by sending an e-mail message with an instruction thereto to the following e-mail address: info@sublimitylifestyle.com.
6.4. In the event that your personal account on/via the App is inactive for a consecutive period of 3 (three) months, Sublimity will give you a formal notice that your personal account will be closed down. Following said notice, if you do not interact with your personal account within the following 1 (one) month, Sublimity is legally entitled to close down your personal account permanently and (thus) exclude you from using and interacting with the App, the Content and the Services.
7. LIABILITY
7.1. Unless stated otherwise in this Agreement, Sublimity is not and cannot be held liable for any damage(s), in the widest sense and however named, explicitly including (but not limited thereto) indirect and consequential damages, resulting from the Content, (the execution of) the Services and/or (the execution of) this Agreement. However, no provision under this Agreement shall limit in time or amount the liability of Sublimity in relation to any breach of (the execution of) this Agreement or any other act(ion) causing damage to you if the facts and/or circumstances giving rise thereto, and/or aggravation of the consequences thereof, are attributable to intent (opzet), fraud (fraude) and/or deceit (opzettelijke misleiding) on the part of Sublimity.
7.2. Sublimity is not and can under no circumstance(s) be held liable for any damage(s), in the widest sense and however named, explicitly including (but not limited thereto) indirect and consequential damages, resulting from the incorrect, wrongful, reckless and/or unlawful use of your personal account, the App, the Content and/or the Services or a(ny) breach of this Agreement by you.
7.3. Sublimity does not and cannot guarantee (the quality of) the services (to be) provided by Third Party Suppliers to you, since the relevant Third Party Suppliers will provide its service(s) directly to you. Therefore, Sublimity is not and can under no circumstance(s) be held liable for any damage(s), in the widest sense and however named, explicitly including (but not limited thereto) indirect and consequential damages, resulting from (legal) act(ion)s performed and/or commitments made by Third Party Suppliers to(wards) you.
7.4. In the event that Sublimity, contrary to what is included in this clause 7, is found to be and held liable for any damages arising out of or in connection with (the execution of) the Services and/or this Agreement, the total aggregate amount of Sublimity’s liability for said damages cannot and shall not exceed the monetary amount which is equal to the Fees which you have incurred towards Sublimity
8. LINKED SITES AND PRIVACY
8.1. The App may provide links or references to external internet sites. Sublimity is not liable for the use or content of external sites that link to or from the App. Sublimity’s privacy policy, which is available on Sublimity’s website and the App, does not apply to the collection and processing of your (personal) data on or via those external sites – said privacy policy is only applicable to the information that is directly provided by you to Sublimity.
8.2. Subjected to what is included in Sublimity’s privacy policy, by entering into this Agreement and (enquiring into) (the use of) the Services you understand (the fact) that Sublimity must transfer 4 / 5 the relevant (personal) data which has been provided by you to Sublimity to the relevant Third Party Supplier(s) in order to provide the Services to you.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Unless otherwise indicated, Sublimity is the exclusive owner all rights related to the Website, the App, the Content and the Platform, including copyrights and other intellectual property rights.
9.2. Nothing in (the execution of) this Agreement shall be construed as granting any rights under any patent, copyright and/or other intellectual property right of Sublimity.
10. FINAL PROVISIONS
10.1. If terms in this Agreement are or become (partially) invalid, you and Sublimity will continue to be bound to the remaining terms. The invalid terms shall be considered as being replaced by terms that are valid and achieve so far as possible the intended effect of the invalid terms, taking into account the content and purpose of this Agreement.
10.2. Deviations from and additions to this Agreement may be made unilaterally by Sublimity. If there is a current agreement, Sublimity will notify you of such changes in a timely manner, with you then having the option, if you do not wish to agree, to terminate this Agreement and any related agreement.
10.3. You are not entitled to transfer any right(s) and/or the legal relationship between Sublimity and you, this Agreement and/or any of your rights and/or obligations hereunder without Sublimity’s prior written consent. This restriction of transferability has, in addition to contract law effect, property law effect (goederenrechtelijke werking) as referred to in article 3:83 paragraph 2 of the Civil Code (Burgerlijk Wetboek).
10.4. (The execution of) this Agreement and (the execution of) the Services, as well as any non-contractual obligations arising out of or in connection with therewith, are exclusively governed by and shall be construed in accordance with the laws of the Netherlands.
10.5. Any disputes arising out of or in connection with (the execution of) this Agreement and (the execution of) the Services, including (but not limited to) regarding the existence or validity of this Agreement, the execution thereof, and any non-contractual obligations arising out of or in connection with this Agreement, are subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands (Rechtbank Amsterdam).
This document was last updated on 11-09-2024 (version v2.0).