- Pararius: Pararius B.V., registered with the Netherlands Chamber of Commerce under number 34242388. Pararius exploits an online platform through its Website on which Real Property can be offered. Pararius intends to make the rental property market transparent and to facilitate that parties offering Real Properties can come into contact with potential renters and vice versa;
- Website: the Pararius website available under (in any case) the domain names www.pararius.nl, www.pararius.com and in the Pararius app(s). On the Website, information is shown about available Real Properties, as well as general information about living, living environments, financial services, moving etc.;
- User: the natural person or legal entity that uses the Website, an Account and/or one of the services offered by Pararius through its Website;
- Real Property: real estate property which, pursuant to applicable laws and regulations, is (amongst others) suitable for use as housing;
- Landlord/Seller: the natural person or legal entity authorized to sell and/or rent the Real Property;
- Advertisement: an offer on the Website showing: a) the availability of Real Property; b) a product or service offered in relation to Real Property; c) a trademark, product or trade name of the Advertiser;
- Advertiser: the User offering Real Property on the Website and who is authorized by the relevant Landlord/Seller to advertise the Real Property on the Website;
- Candidate: the User, natural person, who has come into contact with an Advertiser through the Website and is interested in concluding an agreement with this Advertiser;
- Real Property Offering: the systematically searchable data base of Real Property on the Website;
- Account: the User’s account on the Website;
- Log in details: the log in detail that give access to the Account;
- Content: the information, images, such as pictures, lay outs, graphic design etc. and other types of content, including without limitation the information, images and other content in an Advertisement, that is made available by a User through the Website.
ARTICLE 1 - APPLICABILITY
ARTICLE 2 - AGREEMENTS
By making an Account, the User warrants to be authorized to act on behalf of itself and to conclude a binding agreement. If the User registers an Account on behalf of an organization, the User warrants the foregoing on behalf of that organization.
A Candidate and Advertiser can come into contact with each other through the Website, however, no agreement, whether a rental agreement, purchase agreement or otherwise, is concluded between an Advertiser and a Candidate, nor between a Candidate and a Landlord/Seller, through the Website. Pararius is only an ‘electronic bulletin board’ and has no interest or involvement in the conclusion of such agreements and it not a party thereto. Pararius does not intermediate between Advertisers and Candidates, nor between Landlords/Sellers and Candidates.
The User can terminate the Account at any time. However, article 10.5 applies to Advertisers who have taken a subscription.
Pararius only offers the Real Property Offering and cannot guarantee a ‘match’ with respect to any Real Property. The User searching Real Property is not entitled to finding suitable Real Property.
ARTICLE 3 - PRIVACY
ARTICLE 4 - INTELLECTUAL PROPERTY, DATA
All intellectual property rights related to the Website and the content placed by or on behalf of Pararius on the Website rest/remain solely with Pararius and/or its suppliers and/or licensors. Pararius reserves all rights with regard to the Website and such content.
The concept of intellectual property rights includes all copyrights, patents, trademarks, trade names, database rights (sui generis or otherwise), (unregistered community) design rights, domain names and other claims in the Netherlands or elsewhere, that are connected to the Website and Pararius in general, including also knowhow and trade secrets.
The data available through the Website, and more specifically the Real Property Offering, is protected by Pararius data base rights. This means, amongst others, that no person is entitled to extract or re-utilize a substantial part of the Real Property Offering and/or to extract or re-utilize non-substantial parts of the Real Property Offering repeatedly and systematically as referred to in the Dutch Database Act (Databankenwet), unless the exception for personal use is fulfilled, (which is never the case when the data is commercially extracted and/or re-utilized).
The intellectual property rights on Content rests/remains with the User or the User’s licensors. By placing Content on the Website, the User guarantees that it is authorized to place such Content and in addition, the User gives Pararius irrevocable consent to use this Content, to copy it and/or exploit it commercially in the broadest sense, whether or not through links with third party sites, without being obliged to pay any compensation for this. Pararius is also not obliged to keep the Content confidential. More specifically, the Advertiser, by placing an Advertisement on the Website, gives Pararius irrevocable consent to place this Advertisement on the Website and to use the Advertisement for marketing and advertising purposes, such with the purpose of bringing the Advertisement to the attention of potential candidates.
Pararius and the Advertiser agree that the data that is included in the Content can be (re)used by Pararius, including for the publication of a ‘rental monitor’ (“huurmonitor”).
ARTICLE 5 – PERMITTED USE OF THE WEBSITE / THE ACCOUNT
Users must at all times behave as may be expected from responsible and considerate internet users. Users must comply with applicable laws and regulations when using the Website, such as the local regulations with regard to intermediary services.
Users may only download one copy of the content made available on the Website for their private, non-commercial use.
Users may place Content on the Website and are solely responsible for the Content being and staying lawful, correct, complete and up-to-date.
The User is solely responsible for (i) using a strong, unique password for access to the Account, (ii) renewing that password on a regular basis, (iii) keeping confidential the Log in details and (iv) preventing that unauthorized third persons can access the Log in details, this by ensuring that the device on which the User logs in on the Account is properly secured. If the User suspects or knows that the Log in details are known to a third person, the User must amend his or her pass word without undue delay. The User is solely responsible for activities in the Account, also if this is used by an unauthorized person.
The Website may only be used to place Real Property that is suitable for natural persons not acting in a profession or as a business. Therefore, no business related properties can be offered on the Website.
ARTICLE 6 – MISUSE OF THE WEBSITE / THE ACCOUNT
Users are not permitted to misuse the Website.
Misuse is understood to mean, at least the following:
a. Use of the Website and/or the Account for acts that are not in compliance with the law, third party rights, public order or morality, such as (a) infringing third party intellectual property or other types of property rights; (b) making misleading or otherwise unlawful statements; (c) distributing illegal material; (d) circumventing or removing security measures on the Website; (e) deceiving other Users; (f) unlawfully obtained User’s data; (g) intently placing incorrect or incomplete Content; (h) harassing Users; (i) coming into contact or trying to come into contact with Candidates for unlawful activities;
b. Using the Website and/or the Account for sending (mass) unsolicited e-mail or other communication;
c. Contacting other Users for commercial purposes, of whichever kind (such purposes do not include contacting Candidates who are interested in Real Property offered by an Advertiser upon their request);
d. Using software or other means to extract data from the Website for commercial purposes (e.g. screen scraping);
e. Using software or other means that can limit, hinder or damage the Website and/or the information on the Website;
f. Causing disruptions or downtime, amongst others through denial-of-service attacks or malicious software, such as viruses, trojan horses or spyware;
g. copying, amending, distributing, reverse-engineering, decompiling or otherwise exploiting the Website and/or the information on it without Pararius’ prior written consent, except where this is permitted by applicable law.
In case Pararius finds criminal acts have been committed, Pararius may report this to the police, in which case Pararius is entitled to share the name, address, IP-address and other identifying data with the police. Furthermore, Pararius reserves the right to share these types of data with a third party, if such a person or party claims infringement on its rights or other unlawful acts, and (a) the claim is well-founded and it is apparent that the third party may suffer damage, (b) there is no other manner for the third party to obtain these data and (c) the third party has a well-founded interest in receipt of the data and is legally authorized to receive them.
ARTICLE 7 – CONSEQUENCES OF MISUSE, BLOCKAGE
a. Pararius can exclude the User from the Pararius services, block access to the Website and/or the User’s Account temporarily or permanently and/or limit functionality for the User and terminate the agreement with the User without having to repay any amounts paid by the relevant User;
b. Pararius can amend and/or remove Advertisements of the User without having to repay any amounts paid by the relevant User;
c. Pararius can notify the situation to the competent authorities;
d. Pararius can recover from the relevant User all damage suffered as a result of the foregoing.
Pararius is not liable for any damage of Users, whether direct or indirect damage, as a result of the above measures.
Pararius reserves the right to remove the Account and terminate the agreement with the User, in a manner Pararius sees fit at that time, in case the User: (a) has not timely paid payable amounts; (b) does not comply with its obligations ensuing from the agreement; (c) has requested moratorium of payment or has requested to admittance to the Debt Rescheduling Natural Persons Act (“Wet Schuldsanering Natuurlijke Personen”); (d) its bankruptcy has been requested or it has been declared bankrupt; (f) deceases, or if the User is a legal entity, it ceases to exist; and/or if (g) Pararius, on the basis of the User’s acts and/or omission, has good grounds to suspect that the User will not be able to comply with its obligations ensuing from the agreement or will damage Pararius’ reputation.
Pararius reserves the right to entirely stop offering the Website and/or its services In that case, all Accounts will be removed.
The provisions in this article do not affect Pararius’ right to terminate the agreement with the User on statutory grounds.
ARTICLE 8 – LIMITATION OF LIABILITY, INDEMNIFICATION
Pararius is not liable for damage suffered by a User due to:
a. the use of the Pararius services;
b. incorrect information on the Website. All information on the Website is subject to spelling- and typing errors. Users are responsible for the Content they place on the Website, Pararius does not verify whether this contains any errors. In case of doubt about the correctness of the Content or in case this can be established, the relevant User who placed the Content can be contacted (this is usually an Advertiser);
c. technical disruptions or other circumstances as a result of which the Website is offline and/or not fully available, whether or not temporarily;
d. amendment of the Pararius services and/or of the Website.
Pararius is not involved in any contacts between the Candidates and the Advertisers or the Candidates and Landlords/Sellers, nor with the agreements concluded between them. Pararius does not have control over the quality, safety or lawfulness or the correctness of any Advertisements, nor over the legal capability or authorization of (a) Advertisers to offer/show Advertisements, (b) Landlords/Sellers to rent or sell Real Property, (c) Candidates to rent or purchase Real Property. Pararius is not liable in any way in relation to a rental and/or sales agreement being or not being concluded, nor for the performance thereof.
The Website contains references to third party websites, for example hyperlinks and banners. Pararius does not have any control over the contents of these websites and cannot be held liable for this in any manner. Pararius is not liable for any third party services or their contents nor for any third party information that is/are offered through the Website in any manner.
If Pararius can be held liable for whatever reason, its liability is limited to a maximum of (a) the total compensation/fee that a User has paid to Pararius during the six (6) months prior to the act that has caused the liability, or (b) € 150 (one hundred and fifty euro), whichever is higher.
Pararius is not liable for damage caused by a User to another User, for example because a third person has obtained access to an Account and uses this to deceive or mislead a Candidate.
With regard to Users who are consumers, Pararius excludes its liability in as far as such exclusion is not deemed unreasonable.
The User indemnifies and holds Pararius harmless from all costs, fines, settlement amounts and other damages suffered by Pararius in relation to claims from other Users as well as other third parties, such as supervisory authorities, resulting from any act and/or omission of the User and/or that can otherwise be attributed to the User. Examples of such claims are claims in relation to Content that infringe third party rights, placing Real Property on the Website without being authorized to do so by its Landlord/Seller, fines imposed due to the User not having properly secured the access to the Account or not having (timely) notified unauthorized access and claims from Users due to an Advertiser deceiving or misleading them. If Pararius receives a third party claim, the indemnifying User will, at Pararius’ request take over the defense against the claim at its own cost, both in and out of court.
ARTICLE 9 – ADVERTISEMENTS
Advertisements can only be placed in the manner as indicated on the Website. Advertisements may not be placed on the Website using an automated system without Pararius’ prior written consent.
When the Advertiser places an Advertisement, the Advertiser thereby implicitly declares to have the authorization to do so, as well as to have the authorization to place all Content connected to the Advertisement.
When a User responds to an Advertisement, the User implicitly declares to be authorized to do so.
ARTICLE 10 – PRICES, PAYMENT TERM AND NON TIMELY PAYMENT
All prices communicated by Pararius for services to the Users are, unless explicitly indicated otherwise, excluding Value Added Tax (VAT). All amounts are in euros, unless explicitly indicated otherwise.
Advertisers have a payment obligation the moment they place Advertisements. Advertisers with subscriptions enter into payment obligations from the moment the subscription is signed up for. The subscription fees are payable regardless of whether the Advertisers places less Advertisements than is permitted per subscription.
The payment term of all amounts invoiced to Users is 14 days after the invoice date.
If Users do not pay the payable amount within the payment term, Pararius reserves the right, without further reminder or notification of default being required, to:
a. increase the amount payable with delay interest equal to the statutory rent at that time, from the moment the payment term has expired; and/or
b. increase the total amount payable with 15% for the in and out of court costs, from the moment the payment term has expired; and/or
c. recover the statutory rent for the in and out of court costs; and/or
d. to have the amounts paid by the User first cover payment of the recovery costs, then the payable statutory rent and then the payable amounts; and/or
e. to block the User’s access to the Website and the Account in whole or in part and suspend all other services until all amounts are paid, to remove all Content placed by the User on the Website, in which case all correspondence and additional costs Pararius has to make must be paid by the relevant User, as well as any compensation for the remaining subscription or contractual period that has yet to be invoiced.
Paid subscriptions with Advertisers are concluded for a period of 12 (twelve) months, unless otherwise agreed in the agreement with the Advertiser. If the subscription is not terminated by written notice taking into account a one month term before the subscription period ends, the subscription will automatically and tacitly be renewed each time for another 12 (twelve) month period. Subscriptions cannot be terminated during the subscription period.
Pararius indexes the subscription fees on a yearly basis. An increase as a result of such an indexation, cannot be used by User as a reason to terminate a subscription during the subscription period.
ARTICLE 11 – ADDITIONAL TERMS AND CODE OF CONDUCT FOR ADVERTISERS
ARTICLE 12 – MISCELLANEOUS
This is an English translation of the Dutch Pararius terms and conditions. In case of conflict between this English translation and the original Dutch version, the original Dutch version prevails.
ARTICLE 13 – QUESTIONS, COMMENTS OR COMPLAINTS
Questions, comments or complaints about the Website or the other Pararius services can be submitted using the contact details at the bottom of this document, but preferably by email: firstname.lastname@example.org. Questions, comments and complaints must be expressed completely and clearly. Pararius endeavors to respond within seven days after the question, comment or complaint has been submitted.
Additional Terms and Code of Conduct for Advertisers
ARTICLE 1 – APPLICABILITY, DEFINITIONS
ARTICLE 2 – CODE OF CONDUCT
Advertisers must at all times comply with the code of conduct set out in this article.
The Advertiser will, when performing its services, use the greatest care and will refrain from activities which may harm the trust in Pararius. The Advertiser will strictly adhere to applicable disciplinary rules.
Pararius highly values the quality of the Real Property Offering on its Website. To ensure this quality for all stake holders, only one Advertiser may offer Real Property on Pararius. The Advertiser must obtain the explicit, exclusive authorization from the Landlord/Seller to place the relevant Real Property. This exclusivity solely relates to the placement of the Real Property on the Website (see also article 2.4 (c) below). The Advertiser may use the authorization form offered by Pararius and have the Landlord/Seller fill this out. The authorization is valid for as long as the Real Property is shown on the Website and has a maximum validity of one year or until the Real Property is taken offline. If the Landlord/Seller gives another Advertiser the authorization to place the same Real Property after 30 days after the form has been signed, the authorization lapses. If the Landlord/Seller gives another Advertiser the authorization to place the same Real Property on the Website within 30 days after the form has been signed, the authorization only lapses if Pararius has been informed thereof using the contact details included in the form.
Signing Up Real Estate:
a. The Advertiser can only sign up Real Estate on the Pararius Website (“Sign Up”) if the relevant Landlord/Seller has given the Advertiser the authorization as set out in article 2.3 above.
b. The Advertiser will not Sign Up any Real Property that is not available for rent/sale short term, being maximum three months after the moment of Signing Up, unless it concerns a Real Property that still must, or is still being built.
c. The Advertiser must inform the relevant Landlord/Seller of the fact that only one Advertiser can Sign Up the same available Real Property at any given time. The Landlord/Seller may however give rental assignments to different intermediaries, whether these are Advertisers or not. However, the authorization for Signing Up a Real Property on the Website can only be given to one Advertiser at a time.
d. The foregoing includes, amongst others, that the Advertisers may not, by adding a different address or house number to the Advertisement, offer a Real Property in addition to another Advertiser. For completeness’ sake: it is however possible to offer jointly through the Account.
e. The Advertiser must ensure that all information in the Advertisement is and stays correct, up-to-date and complete.
f. The Advertiser will, when Signing Up a Real Property on the Website, limit the Advertisement to the Real Property. The Advertiser shall, when adding the text for a Real Property on the Website, not add an URL, e-mail address, telephone number, facsimile number, logo or address of its own office (a short company profile will however be shown next to the Advertisement, which, after it is clicked on, redirects to the company profile, see also below). The Advertiser will, when uploading pictures of the Real Property, not add a logo or other company information in or to the picture.
g. The Advertiser is obliged, when the Advertiser has Signed Up one or more Advertisements, to at minimum add company information and a logo to the company profile that Advertisers must create on the Website. In absence of this, Pararius is entitled to add a logo and company information itself; if necessary, the Advertiser hereby gives Pararius irrevocable consent to do so.
h. An Advertisement must always contain at minimum one picture and a Dutch description, otherwise the Real Property cannot be Signed Up. On the non-Dutch section of the Website (pararius.com) it is advised to include at least one English description.
i. Discrimination of residence seekers is not permitted in any manner. Discriminatory Advertisements are not tolerated and can be removed by Pararius.
j. Pararius shows monthly rental prices. The offered Real Property must therefore be available for a minimum period of one month.
Removing Real Property / updating Advertisements:
a. If the Real Property is no longer available, or the relevant Landlord/Seller has revoked the authorization given to the Advertiser, the Advertiser must immediately remove the Real Property from the Website.
b. If a specific Real Property has been rented conditionally, the status of the Advertisement must be updated accordingly.
Relation between Advertisers:
a. Advertisers endeavor to maintain a respectable, trustworthy and benevolent mutual relationship.
b. A specific Real Property may only be offered on the Website by one Advertiser. An Advertiser who receives authorization to place Real Property on the Website, may, in the Landlord/Seller’s interest, if this authorization has already been given to another Advertiser, only accept this authorization after consulting that other Advertiser and after having obtained evidence of the revocation of the authorization given to the other Advertiser by the relevant Landlord/Seller.
c. If an Advertiser finds that another Advertiser does not comply with these Additional Terms, Advertiser must inform both the Advertiser as well as Pararius.
Relation between Advertiser and Candidate:
a. Advertisers who place Real Property on Pararius are obliged to comply with applicable laws regarding intermediary costs;
b. Advertisers who show their telephone number on Pararius are expected to be available by telephone on working days in the Netherlands, between 09:00 and 17:00 CET;
c. Advertisers must contact Candidates within three (3) working days after they have contacted Advertiser through Pararius;
d. If Pararius receives complaints about an Advertiser and these are well founded, Pararius is entitled to block the Advertiser’s Account indefinitely, or to completely block the Website and the Pararius services. Complaints will not be forwarded to the Advertiser, unless there is a pressing need to do so. If complaints are shared, Pararius will anonymize these, to protect the complainant’s privacy.
a. Advertiser is solely responsible for all activities under its Accounts and for all information and (personal) data in its Account. Advertiser must use the personal data only for the purposes for which Pararius has collected them, or compatible purpose (unless the Advertiser has obtained the data subject’s explicit consent for other purposes);
b. Advertiser must take all measures to prevent unauthorized access to its Account and its own systems including its email account;
c. In case Pararius suspects that an unauthorized person or party has access or can have access to the Account, Pararius is entitled to block the access to the Account immediately;
d. If Advertiser suspects that an unauthorized third person or party has access or could get access to the Account, for example because the Advertiser has been hacked or ‘phished’, Advertiser must notify Pararius thereof without undue delay and have its hardware and software system examined by a specialist who must notify Pararius in writing when all threats have been eliminated. After the receipt of such notification, Pararius can deblock the Account;
e. In case an unauthorized third person or party has had access or could have had access to the Account, the Advertiser and Pararius will consult to discuss whether this situation has to be notified to the competent authority/ies and, as applicable, to the User whose personal data were present in the Account;
f. Pararius, as well as the Advertiser, have access to the (personal) data in the Account. The Advertiser does not have access to the data in the Accounts of other Advertisers;
Fighting illegal rent: to protect residence seekers from illegal offerings of rental property, Advertisers are prohibited from offering the following types of Advertisements (the following criteria are based on the Persons Registration Act (Wet Basisregistratie Personen (BRP)):
a. Housing but no registration: it is prohibited to offer Real Property which may not or cannot be used by the occupant to register as an address with the municipal authorities;
b. No housing, only registration: it is prohibited to offer Real Property which is not intended to live in but which entitles the person to register the address with the municipal authorities;
Pararius as a platform:
a. Pararius can, at an Advertisers request, place Real Property on websites of its affiliated companies, Advertisers may however also place Real Property Advertisements directly on those websites;
b. There is no differentiated treatment of Advertisers, whether or not they advertise on a website of a Pararius affiliate (however, please see article 4 below about ranking);
ARTICLE 3 – COSTS FOR BLOCKAGE
ARTICLE 4 - RANKING
Pararius in principle ranks the Real Property Offer on the basis of chronology: the latest Real Property placed on the Website will be placed highest in the overview of the Real Property Offering. However, Pararius offers Advertisers the opportunity to pay for a higher ranking of Real Property in the overview. More information about this can be found here (in Dutch).
Chamber of Commerce number 34242388
1062 XD Amsterdam