terms and conditions
Jumentra B.V. (trade name Jumentra.com)
55427 ZG Boekel
Tel: +31 (0) 850 160 167
Chamber of Commerce: 635.06.343
VAT: NL 855265723 B01
General terms and conditions: these General Terms and Conditions, regardless of the format in which they are published.
Booking: an agreement between two users to effect an Advertisement.
Service: the service provided by Jumentra by means of the Website, which includes a platform on which Users can come into contact with each other to offer Freight or Transport.
User: the natural person or legal entity who uses the Service of Jumentra.
Advertisement: An offer by the User of Freight or Transport by means of the Website of Jumentra.
Agreement: The agreement between the User and Jumentra with regard to the Service.
Profile: a Profile on the Website by means of which the Users use the Service offered by Jumentra.
Transport: an available vehicle for transporting freight offered by a user of Jumentra.
Freight: a load to be transported offered by a user of Jumentra.
Website: the platform offered by Jumentra that enables Users to use the Service offered by Jumentra.
Parties: Jumentra and the User.
2.1 These General Terms and Conditions are applicable to all Agreements, regardless of the manner in which they are concluded and all other legal acts between Jumentra and the User, if any.
2.2 Jumentra is at all times entitled to adjust or supplement these General Terms and Conditions.
2.3 Deviations from these General Terms and Conditions are valid only if they have been explicitly agreed between Jumentra and the User, either in writing or by e-mail.
2.4 Jumentra explicitly rejects any General Terms and Conditions of the User.
2.5 Once these General Terms and Conditions have been applicable to a legal relationship between the User and Jumentra, the User is deemed to agree, in advance, with the applicability of the General Terms and Conditions to Agreements concluded thereafter and yet to be concluded.
2.6 If and insofar as any provision of these General Terms and Conditions is null and void or becomes null and void, the remaining conditions will remain in full force. In that case, Jumentra will stipulate a new provision that replaces the void or nullified provision, which will be as close to the purport of the void/nullified provision as possible.
III. Formation of the agreement
3.1 Agreements can be concluded verbally, in writing, by telephone, electronically or otherwise, at the discretion of the Parties. Jumentra, at its discretion, decides which method of formation it agrees to and which not. The Agreement between the Parties is binding, regardless of the manner in which it is formed.
IV. Rates and payments
4.1 All prices and rates stated by Jumentra are in Euros and exclusive of turnover tax (VAT) and any other levies imposed by the government, unless explicitly agreed otherwise in writing. The rates can be non-recurrent sums payable in advance and/or monthly instalments or other amounts to be paid periodically.
4.2 Without prejudice to the provisions of paragraph 5 of this article, Jumentra will at all times be entitled to adjust its rates. Unless explicitly agreed that prices and rates are applicable for a certain period, the stated price changes for monthly instalments or other amounts to be paid periodically come into force 1 (one) after having been announced. The changes will be announced via the Website.
4.3 Changes for non-recurrent sums payable in advance come into effect straight away. The changes will be announced via the Website.
4.4 If the user does not wish to agree to the changes referred to in the previous articles, he has the option to terminate his Agreement with Jumentra in accordance with the procedure as described in article 17.2, for a period of 14 (fourteen) days prior to the date on which the change comes into force.
4.5 In addition to the changes referred to in paragraphs 2 and 3, Jumentra is entitled to adjust its prices and rates in accordance with the indexation figure for business services as applicable at Statistics Netherlands and published on www.cbs.nl or subsequent website. The adjustment is announced by means of a notification on the website, at least one month prior to the date of the rate change. For the sake of clarity: in this case, the right to terminate as referred to paragraph 4 of this article does not exist.
4.6 The rates payable to Jumentra are payable in advance, unless otherwise agreed in writing.
4.7 Payment is effected by means of direct debit. After conclusion of the Agreement, the User must provide Jumentra with a mandate to that end, in the manner prescribed on the Website. The amounts payable will be charged straight away. In the event of a reversal, e.g. due to insufficient funds, Jumentra is entitled to charge additional administration costs.
4.8 If the direct debit attempt was unsuccessful, the User will be notified together with a new payment term. If payment is not forthcoming after that term either, the User will be in default by operation of law, without further notice of default or demand being required. From that moment and without further notification by Jumentra, the User owes statutory interest on the outstanding amount.
4.9 If the User is in default, Jumentra will be entitled to outsource the claim for collection. In that event, the User, in addition to payment of the principal sum and any statutory interest owed on it, will be obliged to pay all extrajudicial and any judicial costs, specifically in addition to any costs ordered by the courts. The extent of these costs is a minimum of 15% of the principal sum, subject to a minimum of EUR 100 (hundred Euros).
4.10 All payments by the User to Jumentra are deducted from the invoice of Jumentra that has been outstanding longest, regardless of any instructions to the contrary by the User.
4.11 The User will be unable to rely on suspension, set-off or deduction.
V. Service provision
5.1 On its website, Jumentra offers a platform on which Users can contact each other by means of a supply and demand system of available Transports and Freights in order to realise a booking that way. Jumentra only plays a facilitating role therein and therefore cannot be held responsible for actions or omissions of a User by means of or in connection with the Website or otherwise. Jumentra is at all times permitted to adjust (the contents of) its service provision and/or to terminate it.
5.2 Jumentra composed the contents of the Website with the utmost care. However, all substantive information on the Website with regard to data that can be found in the Profiles and Advertisements comes from the Users. These Users are personally responsible for the correctness and completeness of this information. Jumentra cannot be held responsible for the information that can be found in the Profiles and Advertisements, nor for any other communication between Users. Furthermore, Jumentra cannot be held responsible for Users meeting their obligations, including meeting their payment obligations and the correct execution of work to be performed.
5.3 Jumentra offers the information published by Jumentra itself on the Website on an “as is” basis, with the exclusion of any explicit or tacit guarantees, promises or indemnifications, of whichever nature, including (but not limited to) the exclusions of guarantees with regard to justice to (property) rights, sufficient quality, suitability for a certain purpose and non-infringement of third-party (property) rights. Jumentra, in particular, does not guarantee:
•That the information on the Website is correct, complete, suitable, up-to-date and not unjust, which includes any information stated by the Users;
•That the Website will be operational without disruptions, free from viruses, Trojans and other errors and/or faults, nor that any faults will be repaired; and
•That third parties will refrain from using the Website and/or systems of Jumentra unlawfully.
6.1 Jumentra is entitled to (temporarily) take the Website down or reduce its functionality if so required for e.g. maintenance or adjustment of the Website, without this resulting in any right to compensation towards Jumentra.
VII. Use of the service and the provision of information
7.1 The User guarantees that all data, including, but not limited to, the name, address and e-mail details provided by him within the framework of the Service, are complete, current and up-to-date and that he will only use the Service for himself. In addition, the User guarantees that he is authorised to use the Services and that he, with regard to responding to a Freight or Transports or offering and executing work, will comply with the applicable legislation, that he is listed in the register of the Chamber of Commerce and that he will maintain this registration throughout the term of his Profile.
7.2 The User will only post and send messages on/via the Website with the objective of realising and executing work for a Booking. The User will refrain from posting messages which contents and/or purpose the Service is not intended for and from sending undesired and/or unsolicited messages to Users.
7.3 By offering information on the Website, including, but not limited to, the description and details of the Advertisements, the User agrees to this information being published on the Website and guarantees to be authorised to grant that permission. The User understands that the positioning of his Advertisement on the Website depends on a number of factors and that no rights can be derived from this.
7.4 The User is personally responsible and liable for the contents of the information published on the Website. He guarantees that the contents of this information are correct, up-to-date and reliable and not contrary to current legislation and unlawful. In addition, he guarantees that he does not treat other Users discourteously and that he will refrain from harming the interests and reputation of Jumentra.
7.5 The following information may in any case not be published on Jumentra:
•Material that is contrary to any law, regulation or these General Terms and Conditions;
•Material that refers to performing illegal Services or Services that can cause damage to other people's property in any way;
•Material that infringes intellectual property rights and privacy rights or that breaches other rights of Jumentra or third parties;
•Material which, in the opinion of Jumentra, violates public decency or morals, is violent or incites violence or hatred against someone else or others;
•Material which in any way states or refers to another website similar to or competing with the Website;
•An Advertisement with the objective of (in)directly promoting a company;
•Material that originates from a temporary employment agency;
•Material that is in breach of paragraph 2 of this article 7.
7.6 Jumentra is entitled to change and/or condense the information provided by the User. Jumentra further reserves the right, yet is not obliged to do so, to reject the information that can found in the Profiles and Advertisements or to remove these from the Website, e.g. because they are incorrect or unreliable, in conflict with the law or unlawful towards third parties, without this resulting in any right of the User to compensation in any way.
7.7 A Booking between the Users is only made when Users have explicitly confirmed this to each other. Jumentra is not a party to agreements between the Users. Hence Jumentra cannot exercise any control on the quality, safety, correctness or legality of the Advertisements. Users indemnify Jumentra against any third-party claims in connection with such matters.
7.8 The (personal) data obtained by Users by means of the Website may only be used for the purpose they were provided. Processing this data for any other purpose, including, but not limited to, any form of unsolicited communication (spam) is not permitted. Nor is it permitted to collect the personal data (including e-mail addresses) of users, for whatever reason.
7.9 If the User acts in breach of the provisions of article 7.8 he, without further warning or notice of default and without the need for judicial intervention, will incur a penalty of EUR 1,000 (one thousand Euros) per event, which penalty will be immediately due and payable, in which the use of a piece of (personal) data represents a single event, without prejudice the right of Jumentra to take other measures available to Jumentra against the User and/or to demand compensation.
8.1 Jumentra processes personal data of Users for the execution of the Services and related activities and in accordance with the Personal Data Protection Act.
9.1 In order to use the Services of Jumentra, a Profile must be created in the manner described on the Website, stating the requested data.
9.2 The Profile is only created when Jumentra has confirmed and accepted the request for publication of a Profile in writing. Jumentra is entitled to refuse (the creation of) a Profile and/or (the publication of) an Advertisement or information by the User or to remove this, without stating reasons.
9.3 The User is provided with a password for the Profile. The password is strictly personal and the User is not permitted to allow third parties to use it. The User is liable for every use that is made of his Profile and indemnifies Jumentra against all third-party claims regarding damage or otherwise in any way caused by the use that is made of his Profile of the Service.
9.4 Jumentra is entitled to adjust his password if this is required within the interest of the performance of the Service.
X. Intellectual property rights
10.1 All intellectual property rights with regard to the Website are exclusively vested in Jumentra and/or its licensors, with the exception of the material that has been supplied by the Users in connection with the publication of the Advertisements.
10.2 The user, without the written permission of Jumentra, is not permitted to make the Website or any of its contents available to third parties, or to reproduce, distribute or transmit it or to incorporate it into another document or other material, in any way. This means, among other things, that the User, without the prior, written approval from Jumentra, is not permitted to request and reuse a substantial part of the contents of a database or databases and/or to repeatedly and systematically request and reuse non-substantial parts of the contents of a database or databases within the meaning of the Databases (Legal Protection) Act.
10.3 The User guarantees that the information published by him on the Website, including profile information and the details of the Advertisements, does not infringe third-party (intellectual property) rights. The User fully indemnifies Jumentra against any third-party claims in any way arising from and/or in connection with information published by the User on the Website, which includes every claim that is based on the allegation that the relevant information infringes any third-party (intellectual property) rights.
11.1 Jumentra reserves the right to exclude Users from every (further) use of the Website, e.g. by blocking and/or removing his Profile, without being obliged to refund any payments received, if:
•The User in any way acts in breach of these General Terms and Conditions;
•The user infringes third-party (intellectual property) rights;
•The User runs a temporary employment agency or similar business;
•The User, via the Service, posts or sends commercial or other messages the purpose of which, as is reasonably safe to assume, is different than obtaining responses from other Users to the Advertisements and/or which are otherwise in breach of article 7.2 of these Conditions.
•The User acts contrary to the applicable legislation.
•The User treats staff of Jumentra or other Users discourteously by means of injurious, defamatory, vulgar, obscene or racist language.
XII. Force majeure
12.1 Jumentra is not obliged to fulfil any obligation if it is unable to do so as a result of force majeure. Force majeure is also understood to mean an imputable failure on the part of suppliers and/or other third parties Jumentra uses.
XIII. Liability of Jumentra
13.1 Jumentra will only be liable for direct damage or loss as a result of intention or gross negligence on the part of Jumentra. Direct damage or loss only includes reasonable costs which the User has had to incur in order to rectify or undo the non-performance of Jumentra in order to ensure that the performance of Jumentra does meet the agreement, as well as reasonable costs to prevent or limit such damage and loss and the reasonable costs to establish the cause and scope thereof.
13.2 The total liability of Jumentra can never exceed the total payment for use of the Service for the current month, from the moment that the non-performance occurs, subject to a maximum of € 150.
13.3 Every liability of Jumentra for indirect damage or loss, including, but not limited to, consequential damage, loss of profits and loss of sales is excluded. More in particular, Jumentra cannot be held liable for damage or loss on the part of the User which has been caused by third parties, regardless of whether they are using the Website and/or Services.
15.1 Jumentra will take every reasonable effort to secure its systems against loss of data and/or any form of unlawful use. Jumentra implements the appropriate technical and organisational measures for this, taking into account prior art.
XVI. Reporting violations
16.1 Advertisements must be published in the manner set out on the Website, stating the data requested on the Website.
16.2 If a User believes that certain information on the Website is unlawful, he can report this to Jumentra by means of the contact form on the Website. Based on the information to be submitted by the User in this manner, Jumentra will process the report, provided it meets all requirements stipulated by Jumentra to that end. If it is clear from the report that the contested material is indisputably unlawful, it will be removed by Jumentra. By submitting a report, the User indemnifies Jumentra against all third-party claims in connection with the removal of the material. The indemnification also relates to all damage and costs incurred by Jumentra in connection with such a claim, including, but not limited to, compensation for the costs of legal aid.
XVII. Term and termination
17.1 Every Agreement between Jumentra and the User is entered into for 1 month, unless explicitly agreed otherwise. The commencement date of subscription period coincides with the start date of the Agreement. Following the end of the initial period, the Agreement is automatically extended for the duration of one month, unless Jumentra, at least one month in advance, indicates that it will not be renewing the Agreement and/or the User terminates the Agreement in accordance with paragraph 2 of this article 17. When renewing, the chosen subscription, including options, will be continued for the duration of the initial period.
17.2 The Agreement can be terminated by the User online, provided he is logged in via "My Account", at the and the current term and with due observance of a notice period of 1 (one) month. To this end, the User must comply with the termination process set out on http://www...nl. Notices of termination via the telephone, post or e-mail will not be processed in connection with the susceptibility to fraud.
17.3 If the User goes into liquidation, applies for a moratorium, discontinues his business operations or acts in breach of these General Terms and Conditions, Jumentra will be entitled to terminate the Agreement without further notice, all this subject to all rights. This does not discharge the User from the obligation to pay Jumentra any amounts already due.
18.1 These General Terms and Conditions and all Agreements between Jumentra and the User are governed by Dutch law.
18.2 All disputes, if any, will be exclusively submitted to the court with jurisdiction in the district of the place of business of Jumentra, i.e. in the eastern part of the province of Brabant.