Saneral Terms and Conditons of use
- These Terms and Conditions of Use (referred to as the ‘Terms and Conditions’) govern every part of the use of the Saneral Online Platform. Please read these Terms and Conditions so that you, the User, know your rights and obligations when using the platform and services.
- Saneral is a B2B online marketplace platform for secondary raw materials and other sustainable solution that commercial professionals can use to source/supply their materials/equipment/sustainable services (Ecotenders).
- This policy governs the relations between Saneral of the Users of the platform.
- Users of this platform commits through this contract to act legally within the legislation of their countries and countries of counterpart in exercise of trade, business and profession.
Article 1 – Definition and terms In these Terms and Conditions, the terms listed below have the following meaning, regardless of being used in singular or plural:
- Saneral: Saneral World B.V., a private limited liability company, established in the municipality Amsterdam, The Netherlands. Chamber of Commerce register number 66489342
- User: Natural or legal person who is a member of Saneral, using the Ecotender Database to source and/or supply any Material, Equipment and/or Sustainable service offered on the Saneral Online Platform. Or Users active on the Online Platform without registering.
- Ecotender Database: The (online) database where User upload their Materials, Equipments and/or Sustainable services.
- Ecotender: A term used by Saneral to cover all Materials, Equipment and Sustainable services available at the Ecotender Database.
- Online Platform: The digital environment of Saneral, which enables Users to access the Ecotenders (Materials, Equipment and/Sustainable Services), including the Ecotender Platform, using the software that Saneral has developed, which can be accessed through www.saneral.com and other top level domains registered by or on behalf of Saneral, including any and all subdomains and subpages thereof, as well as mobile versions, software programs or other applications with which gives access to Saneral services.
- Material: Any recyclable secondary material
- Equipment: Any equipment whether physical or software based, for the use to provide environmentally sustainable processes.
- Sustainable services: Any service related to promoting or generating environmentally sustainable processes.
- Service: the services that Saneral offers on the Online Platform, which appear from and are described on the Online Platform and in these Terms and Conditions.
- User Agreement: The agreement under which User may use or access the Online Platform.
Article 2 – Duration and termination
- A subscription plan for the use of the Saneral Online Platform is entered into for one year's duration, with automatic renewal of every one year, unless otherwise agreed or specified discounted promotions on the Online Platform.
- Saneral may terminate the membership/User with immediate effect without notice by written notice to User, in the event of User being declared bankrupt, if he is granted (or not for a provisional) surseance of payment if he otherwise Is unable to meet its obligations if the User has become operationally incapacitated or if his enterprise is liquidated or terminated, or upon the death of the User. As a result of this dissolution, Saneral will never be liable for any damages or refunds.
- Saneral may terminate the membership/User with immideate efftect if User is violating the Term and Conditions.
- In the event of instructions and/or complaints from other users or if, for other reasons, Saneral is of the opinion that a User does not act in accordance with the law and/or the Terms and Conditions, then Saneral is entitled to exclude the relevant User from The use of the Online Platform.
- Termination due to violation of the Terms and Conditions does not suspend the User's payment obligation.
Article 3 – Registering for the Online Platform
- In order to make use of the Online Platform, the User must create an account. The User warrants towards Saneral that the information provided when creating an account is complete, truthful and up-to-date. Incorrect information may lead to the immediate deletion of the User account. The User must provide details as, but not limited to, company name, company email, name & password, during the registration, which will give him access to the account.
- Users are obliged to identify themselves when requested by Saneral. Anynymous Users will not be able to create an account at Saneral. Saneral can at any time request relevant data from User in order to secure a credible verification process.
- Users are not permitted to create an account in the name of another person and/or to provide false information. Users may not log in to accounts of other persons or allow other persons to log in on behalf of the User.
- The User is responsible for keeping username and password combination secret. Thus, the User is liable for any and all use of the Online Platform using his username and password and the User indemnifies Saneral with respect to any damage that ensues from misuse or use of his username and password. Saneral is entitled to assume that the User is the actual party that logs in using the User’s username and password.
- User must notify Saneral as soon as User knows or has reason to suspect that a username and/or password has become known to unauthorised parties, without prejudice to his own obligation to immediately take effective measures, such as changing his password.
- Saneral reserves the right to change the registration and login procedure, the password, the username and/or certain User information in the event that it considers it necessary to do so in the interest of Saneral.
Article 4 – Use of Ecotender Database
- The Ecotender Database is a platform where Saneral allows the User to source and/or supply Ecotenders to/from other users. Saneral facilitates exclusively the Online Platform and is not involved in any way or party to the (creation of) agreement that the User will subsequently conclude with other users.
- An Ecotender offered by a User may not be misleading, inaccurate or incorrect. It is not allowed to provide Ecotenders that are illegal or whose trade is prohibited.
- Saneral can not guarantee that Ecotender Database is always functioning properly and/or that continuous and/or secure access to the Ecotender Database or parts thereof can be obtained.
Article 5 – Rights and duties Saneral
- Saneral commits to regularly maintain the Online Platform provided, so that the capacity of the Online Platform will not lead to malfunction in normal use.
- Saneral can change the Online Platform or parts thereof at any time. Saneral can also terminate the Online Platform at all times. Saneral strives to announce this in a reasonable period.
- Saneral is entitled at all times to transfer its rights and obligations from the user agreement with respect to the use of the Online Platform to one of its group companies.
Article 6 – Offer and agreement
- A User Agreement between Saneral and User is established by oral, electronic or written acceptance of the offer by the User. Changes to quotations, offers, and User Agreement will not be valid until such time as these changes are agreed by both Saneral and the User.
- Saneral offers do not apply to existing Terms and Conditions.
Article 7 – Rights and duties User
- The User is always obliged to provide a correct, current and complete publication of an Ecotender at the Online Platform. User must check the publication for accuracy. Once a User has become aware of facts and circumstances regarding publication on the Online Platform, which makes the publication (s) not correct, the User undertakes to immediately disclose those facts and circumstances, or to change and/or remove the publication.
- Provision of incorrect and/or incomplete information, whether or not intentionally, gives Saneral the right to terminate the account without immediate refund to the User. Where applicable, Saneral is permitted to modify and/or delete User publications on the Online Platform.
- User should undertake sufficient research and inform of the published Ecotender on the Online Platform. Saneral is not entitled to control the quality of the content of the publication, the security or the legality of the Ecotender offered, the accuracy of the publication and the User's competence to source and/or supply Ecotenders. Saneral also can not guarantee that an acquired Ecotender meets the expectations of the User.
- The User indemnifies Saneral for all damages, including third party claims, as a result of: a) Improper use or incorrect installation of the Online Platform; b) Providing false information and/or images from other Users, User and/or third-party Users; intentionally or not c) Abuse of applications provided by Saneral, including Online Platform; d) Failure or only partial follow-up of Saneral's instructions.
- User will use the Online Platform in a normal way, in any case, acts such as spamming, email, defamation and hacking (and other similar actions) are not allowed.
- The User shall be responsible to guarantee that all contents uploaded on the Online Platform are lawful and do not infringe any third-party rights.
- The User shall be obligated to scan all contents for viruses, trojans and worms in advance.
Article 8 – Liability
- Any liability of Saneral to User relating to the use of the Online platform is excluded, including:
- a) It is not or not safe to access the Online Platform;
- b) Incorrect and/or incomplete information on the Online Platform;
- c) Use of the acquired Ecotenders of the Online Platform;
- If, for whatever reason, Saneral is liable for liability, then the liability is limited to the total compensation paid by the User to Saneral during the year prior to the handling resulting in the liability.
Article 9 – Applicability and general conditions
- The Terms and Conditions govern every use of the Ecotender Database, Service or the Online Platform. The User accepts these Terms and Conditions by using the Ecotender platform and/or Service, by visiting the Online Platform and/or by accepting these Terms and Conditions when creating an Account. The applicability of any other general terms and conditions is excluded.
- The applicability of any terms and conditions of use by third parties or third parties is expressly excluded, unless these terms are declared in writing by both parties.
- Saneral may change the Terms or Conditions thereof at any time. Saneral will strive to announce such a change within a reasonable period before commencement.
- In the event that the User continues to use the Online Platform after the Terms and Conditions have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented Terms and Conditions. In the event that the User does not wish to accept the amended or supplemented Terms and Conditions, the User’s only option is to stop using the Online Platform and delete his account.
Article 10 – Intellectual property rights
- All intellectual property rights related in connection with the Online Platform remain the exclusive property of Saneral.
- The Intellectual Property Rights in respect of the Online Platform, the Service, the Information and the Ecotender Database, including - but not limited to - the Intellectual Property Rights to the texts, images, design, photos, software, audiovisual material and other material lie with Saneral or its licensors.
- It is expressly not permitted to copy or publish the Services, the Online Platform, the Ecotenders not originating from the User and/or the Information and/or other data, or to use the above for direct or indirect commercial purposes or for any other purpose than the purposes stated in these Terms and Conditions, unless Sanerel or the rightholder in question have given their express and written permission for that.
- Unless expressly permitted under mandatory law or under these Terms and Conditions, or at the request or with the permission of Saneral, the User is not permitted to decompile or reverse engineer the Service, the Online Platform and/or their source or object code(s).
- Saneral can take technological measures to protect the Online Platform or the Service, the Ecotender Database and/or their separate parts. The User may not remove or circumvent these technological protective measures or offer the means to do so.
- Nothing in these Terms and Conditions is intended to transfer any Intellectual Property Rights to the User. The User will not perform any actions that can infringe the Intellectual Property Rights of Saneral, Users and/or third parties, such as registering domain names, brands or Google Adwords, search terms (keywords) that are similar or identical to any mark to which Saneral and/or the Users can apply Intellectual Property Rights.
Article 11 – Force Majeure
- Force majeure is understood to mean all external causes that were reasonably unforeseeable. In case of force majeure, Saneral is not liable for any damage - in any form - with the customer.
- Saneral has the right to appeal to force majeure if the circumstance prevents compliance with the Terms and Conditions. Saneral is not bound by its obligations under the Terms of Conditions if compliance with this is impossible due to force majeure.
- The call for a Saneral force majeure situation does not suspend the User's payment obligation.
Article 12 – Applicable law and disputes
- All offers, agreements and their implementation are subject to Dutch law.
- The Terms and Conditions, the use of the Online Platform any disputes following therefrom, as well as all Contracts of Sale between Sellers and Buyers, are governed by Dutch law, unless otherwise provided in or pursuant to mandatory treaty provisions.
- All disputes that arise between the User and Saneral will be submitted to the competent court in the district of Amsterdam, unless mandatory law stipulates that the dispute must be submitted to another court.
- All disputes arising out of or in connection to these Terms and Conditions have been declared applicable shall be submitted to the competent court in the district of Amsterdam, The Netherlands.