Terms of use

1. Terms and definitions

1.1. Account: the possibility of making use of the Service.
1.2. General Terms and Conditions: the general terms and conditions including the privacy statement, irrespective of the form in which these are made known.
1.3. Service: the service of Project Select BV (hereinafter "Project Select") provided at www.JewishFriends.eu, which shall be understood to comprise, but not exclusively, the posting of Profiles, acquiring insight into the Profiles of other Members, and all the exchange of messages and private chats between the Member and third parties.
1.4. Jewish-Friends: the website www.Jewish-Friends.eu; "Jewish-Friends" is a registered trade name of Project Select.
1.5. Member: the natural person with whom an agreement is reached and/or who makes use of the Service.
1.6. Agreement: the agreement between the Member and Project Select, in accordance with which Project Select makes the Service available to the Member.
1.7. Profile: information pertaining to a Member, consisting of, amongst others, physical characteristics, information on the Member's (Jewish) background, obtained by means of multiple choice questions, and profile texts supplemented with several photographs.
1.8. Project Select, established in Amstelveen with correspondence address PO Box 202, 1180 AE Amstelveen and registered with the Chamber of Commerce under number 34217078.
1.9. Password: the identification code thought up by the Member, with which, in combination with the username (pseudonym), access can be obtained to the Account.

2. General

2.1. These General Terms and Conditions shall apply to all Agreements and juristic acts between Project Select and a Member. By ticking (checking) the box intended for this purpose when filling in his personal data in relation to his membership, the Member declares that he has taken cognizance of and has accepted these General Terms and Conditions.
2.2. Project Select is entitled to amend or supplement these General Terms and Conditions at all times.
2.3. Derogations from the General Terms and Conditions shall only be valid if agreed expressly in writing or by electronic means between Project Select and the Member.
2.4. If these General Terms and Conditions have at any time applied to the legal relationship between Project Select and the Member, the Member shall be deemed to have given his consent in advance to the application of the General Terms and Conditions to Agreements entered into and to be entered into subsequently.
2.5. If and in so far as any provision of the General Terms and Conditions is declared null and void or is annulled, the remaining provisions of the General Terms and Conditions shall remain in force in full. In such cases, Project Select shall decide on a new provision to replace the provision declared null and void/annulled, whereby the purport of the provision declared null and void/annulled shall be taken into account as far as possible.
2.6. In all cases where the masculine form is used, the feminine form is also meant.

3. Agreement

3.1. The Agreement shall come about through the acceptance by Project Select of the Member's registration.
3.2. Project Select is authorised to render www.Jewish-Friends.eu (temporarily) inoperative or to restrict access to it if this is necessary, for instance for maintenance or to make changes to www.JewishFriends.eu, without giving rise to any entitlement on the part of the Member to compensation from Project Select.
3.3. A Member shall derive the same rights and shall have the same obligations if he enters into an agreement provided free of charge by Project Select.

4. Service provision

4.1. The website, www.Jewish-Friends.eu, is intended for everyone with a Jewish background from the age of 18, who is in search of either friendship or a relationship via the Internet.
4.2. On www.Jewish-Friends.eu, Project Select attempts to bring Members together, as a result of which friendships may be formed. Since Project Select only plays a facilitative role in this, it cannot be held responsible for the behaviour of a Member towards another Member or the failure to form friendships.
4.3. Project Select has compiled the contents of www.Jewish-Friends.eu with the greatest possible care. All information on www.Jewish-Friends.eu in relation to the Profiles, the messages posted and chat sessions, however, originates from the Members. The Members themselves are responsible for the correctness and completeness of this information. Project Select is in no way whatsoever responsible for the contents of the Profiles, messages and chat sessions.
4.4. Project Select offers www.Jewish-Friends.eu and the information which it has provided on the website on an 'as is' basis. Project Select shall make every effort within reason to secure its systems against loss and/or against any form of unlawful use. Project Select shall carry out technical and organisational measures appropriate for this purpose, taking into account, for instance, the current state of technology. Project Select excludes every express or tacit guarantee, promise or indemnification, of whatever nature, including (but not limited to) the exclusion of guarantees of entitlement to (property) rights, sufficient quality, security, suitability for a particular purpose and non-infringement of property rights or rights of third parties. In particular, Project Select does not guarantee:
     4.4.1.that the information on www.Jewish-Friends.eu is correct, complete, up-to-date and lawful, which is understood to include, but is not limited to, the (personal) information provided by the Members, including the Profiles;
     4.4.2.that a Member shall at all times have access to www.Jewish-Friends.eu and that the website shall always operate without interruption, free of viruses, Trojans and other errors and/or shortcomings; and
     4.4.3. that third parties or, alternatively, its own members, do not use (or will not use) its systems unlawfully.

5. Use of the service and provision of information

5.1. The Member guarantees that all data provided by him, such as his name, address details and bank account number, which he is required to provide for the implementation of the Agreement, are complete and correct and that he shall use the Service exclusively for himself and not for a third party. The Member is not permitted to use the Service for commercial purposes.
5.2. The member is required to ensure that the Profile filled in and all messages posted by him correspond to reality and meet the criteria stipulated in this regard by Project Select. The Member shall not include any contact details, such as an email address, in the Profile. By filling in the Profile, the Member grants Project Select permission to publish these data on www.Jewish-Friends.eu.
5.3. The Member is himself responsible and liable for the contents of information posted by him on www.Jewish-Friends.eu. The Member guarantees that:
     5.3.1.the contents of the information posted do not contravene legislation and regulations applicable in the Netherlands and is lawful;
     5.3.2.he shall not use this information to treat other Members unjustly, for instance by posting discriminatory, insulting texts and/or texts with a sexual innuendo and by posting naked photographs or harassing Members in any other way; and
     5.3.3.that he shall not harm the interests and good reputation of Project Select and, in particular, www.Jewish-Friends.eu.
5.4. The Member declares, in addition to the previous article, that he is aware that he has a Jewish background and shall behave respectfully towards others. To this end, the Member undertakes not to exhibit hurtful, indecent and sexist, corrupt and disrespectful behaviour—in the broadest sense of the term—on www.Jewish-Friends.eu towards other members and the editorial board.
5.5. Project Select reserves the right to shorten or amend the texts contained in the Profile and messages posted to www.Jewish-Friends.eu. Project Select also reserves the right to refuse or to remove Profiles and/or messages from www.Jewish-Friends.eu, without the Member acquiring any right by whatever means to compensation. Removal may take place, for instance, in the following cases, namely if:
     5.5.1.the Profile and/or message are/is incorrect and/or incomplete;
     5.5.2.the Profile and/or message infringe/infringes the (intellectual property) rights of third parties;
     5.5.3.the Profile and/or message are/is contrary to these General Terms and Conditions, including, in particular, the aims of www.Jewish-Friends.eu, as formulated in Article 4 of the General Terms and Conditions;
     5.5.4.the Profile and/or message contravene/contravenes legislation and regulations applicable in the Netherlands.
5.6. The Profiles of Members contain certain personal data (that is, data by means of which the identity of a person may be determined), including data in relation to their religion and philosophy of life. By accepting these General Terms and Conditions, the Member grants Project Select express permission to use these data for the implementation of this Agreement.
5.7. Jewish-Friends' policy in relation to privacy and the processing of personal data is set out on the website www.Jewish-Friends.eu in the Privacy Statement.
5.8. The Member consents to receiving sporadic emails and/or newsletters from Project Select during the term of the Agreement, which contain important announcements or offers in relation to www.JewishFriends.eu and/or the Agreement.

6. Spam

6.1. The use of the (personal) data of Members, published by them on www.Jewish-Friends.eu, including, but not limited to, the email addresses of Members, is only permitted with a view to the forming of friendships between the Members in question. Under no circumstances is the processing of the (personal) data permitted for any other purpose, which means that the following are prohibited:
     6.1.1.the (unsolicited) initiation of any form of commercial communication by means of email, fax, SMS, MMS, post or otherwise with the Members and, in any event, the direct or indirect promotion of the goods, services (including, but not exclusively, intermediation services) or the image of a company, organisation or person, insofar as this does not relate to the forming of friendships between the Members in question;
     6.1.2.every other form of unsolicited communication;
     6.1.3.the collection of email addresses of Members, for whatever reason.
6.2. If a Member acts (partially) in contravention of the provisions of this article, he shall incur a fine of €1,000 (one thousand euros) per occurrence, payable directly without further warning or notice of default and without the requirement of judicial intervention, whereby the use of a piece of (personal) data shall be deemed to be a single occurrence, without prejudice to the provisions of Article 10 below, and furthermore without prejudice to Project Select's right to take further legal action against the Member and to demand compensation.

7. Password

7.1. The Member is not entitled to allow third parties to make use of his Password. The Password is strictly personal.

7.2. The Member is liable for the use made of the Service by means of the Password. The Member indemnifies Project Select fully for all claims by third parties for compensation or otherwise, which arise by whatever means from the use made of the Service by means of the Password.
7.3. Project Select is authorised to change the Password if this is necessary in the interests of the operation of the Service.

8. Intellectual property rights

8.1. The (intellectual property) rights in relation to www.Jewish-Friends.eu, including the copyright to texts, images, design, photographs and other (still and/or moving) images, audio material, formats, software and other materials, the database rights and trademark rights (including domain names), shall reside with Project Select or its licensors, with the exception of the material supplied by a Member in relation to the posting of information in the Profile or in other messages.
8.2. The Member is not permitted to make available to a third party or third parties, to reproduce, distribute, send or incorporate in any manner whatsoever into any document or other material either www.JewishFriends.eu or the contents thereof without the prior written approval of Project Select. This also means that the Member is not permitted to access and reuse a substantial part of the contents of the database(s) and/or to access non-substantial parts of the contents of the database(s) repeatedly and systematically and to reuse these, in the meaning of the Databases (Legal Protection) Act. Any copies which the Member makes of (a portion of) www.Jewish-Friends.eu, must retain all statements of copyright and other (intellectual property) rights which are visible on the original download or printout.

9. Duration and cancellation

9.1. Each Agreement shall be entered into for a period chosen by the Member from the subscription options stated on www.Jewish-Friends.eu, unless it is expressly agreed otherwise.
9.2. Project Select shall commence providing its Service immediately after the Agreement is finalised. By entering into an Agreement with Project Select in relation to membership of www.Jewish-Friends.eu, the Member agrees to the following. In accordance with Section 46i(5) of the Netherlands Civil Code, the right of the other party to dissolve agreements entered into remotely within seven working days without stating his or her reasons, in accordance with Section 46d of the Netherlands Civil Code, shall not apply to the services provided by Project Select.
9.3. The Member is entitled to cancel the Agreement at all times, for instance by deregistering. Project Select, however, shall not be bound under any circumstances to return amounts already paid in advance, not even in the event of disappointing results or in the event that the Member has already found a suitable partner.
9.4. Project Select is authorised to cancel the Agreement with immediate effect, without the requirement of any further notice of default and without incurring any obligation to provide the Member with compensation as a result, if:
     9.4.1.the Member is granted a provisional or final moratorium on payments;
     9.4.2.an application for the Member to be declared bankrupt has been filed;
     9.4.3.the Member acts contrary to these General Terms and Conditions in any manner whatsoever;
     9.4.4.the Member infringes the (intellectual property) rights of third parties;
     9.4.5.the Member harasses another Member in anyway whatsoever;
     9.4.6.the Member does not make use of the Service for longer than six consecutive months. 9.5. Project Select's right to demand fulfilment of the payment obligations, to take further legal action against the Member and to demand compensation shall apply in full to Article 9.4.

10. Confidentiality

10.1. The Member acknowledges that he shall obtain access to confidential data of other Members and/or Project Select within the framework of the Agreement. The Member undertakes to maintain the secrecy of such confidential data. The Member shall treat these data as confidential at all times and shall not disclose and/or reproduce these data without the express prior and written approval of the respective Member or Project Select. Confidential information, in terms of this article, shall also be deemed to include all personal data contained in the Profiles, as well as information posted by Members.

11. Prices and payment

11.1. All the prices and rates stated by Project Select are denominated in euros and include value added tax (VAT) and any other levies imposed by public authorities, unless it is expressly stated otherwise in writing. The rates consist of one-off amounts payable beforehand and determined in advance for periods of a month, a quarter, six months or a year.
11.2. Project Select is at all times entitled to amend its prices and rates.
11.3. Changes to one-off amounts payable in advance shall take effect immediately. The change shall be published on www.Jewish-Friends.eu.
11.4. The payments owing to Project Select must be paid in advance in full, unless it is agreed otherwise in writing. On the cancellation of the Agreement, for whatever reason, Project Select shall not be obliged to reimburse amounts paid in advance.
11.5. The Member is obliged to authorise Project Select to debit his Dutch bank or giro account with the amounts owing by the Member by means of a direct debit order, unless it is agreed otherwise in writing or by electronic means via the website or by email.
11.6. Project Select shall charge the Member for the amount owed by the Member as soon as possible. The payments shall be collected automatically from the Member's bank or giro account, unless it is agreed otherwise in writing or by electronic means via the website or by email.
11.7. If the automatic debt collection is not successful, the Member shall be notified of this and at the same moment a further payment term shall be determined. If payment is not made within the aforementioned term, the Member shall automatically be in default without any requirement to issue notice of default or a letter of demand. As of that moment, without any further notice by Project Select, the Member shall be required to pay the legal interest on the amount outstanding.
11.8. If the Member fails to pay in full the amount owing, increased by the legal interest, after having been issued with notice of default, Project Select may outsource the collection of the debt. In addition to the principal and the legal interest payable on this, the Member in this case shall be required to pay all outof-court expenses and any court fees, expressly in addition to any costs determined by the court. The level of these costs shall amount to at least 15% of the principal, subject to a minimum amount of €100 (one hundred euros).
11.9. All payments by the Member to Project Select shall be deducted from the Member's oldest invoices still outstanding, irrespective of any other designation by the Member.
11.10. Any appeal by the Member to suspension, settlement or deduction shall not be permitted.

12. Liability of Project Select

12.1. Project Select shall only be liable for direct losses as a result of intent or gross culpability on the part of Project Select.
12.2. The total liability may never amount to more than the total amount agreed for the respective Agreement. In the event of an Agreement for a term longer than one year, the payment agreed shall be determined as the total of payments agreed for the current year at the moment at which the shortcoming occurs.
12.3. Direct losses shall be understood to include only the costs which the aforementioned Member has incurred within reason to repair or eliminate Project Select’s shortcomings and to ensure that Project Select’s performance complies with the Agreement, as well as reasonable costs to prevent or limit such losses and reasonable costs incurred to determine the cause and extent thereof. 12.4. All liability on the part of Project Select for indirect losses, including, but not limited to, consequential losses, loss of earnings or loss of turnover, is excluded. In particular, Project Select shall not be liable for losses incurred by the Member caused by third parties, irrespective of whether they make use of the Service of Jewish-Friends.

13. Indemnification

13.1. The Member guarantees that the Profile filled in by him and information posted by him on www.JewishFriends.eu, including messages, do not infringe the (intellectual property) rights of third parties. The Member provides Project Select with full indemnification for all possible claims by third parties arising in any way whatsoever from and/or related to the Profiles and/or messages posted by him on www.Jewish-Friends.eu, including all claims based on the assertion that the respective Profile and/or message infringe/infringes the (intellectual property) rights of third parties.

14. References

14.1. The website www.Jewish-Friends.eu contains references (for instance, by means of hyperlinks, banners or buttons) to the websites of third parties. Project Select exercises no control over these websites. Project Select is not responsible for the contents of these websites.

15. Disputes

15.1. The law of the Netherlands shall apply to these General Terms and Conditions.
15.2. Any disputes which may arise shall be brought before the competent court in the District of Amsterdam.

October 13, 2017

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