1.1 CULTCHEERS B.V, Weesperstraat 105, 1018BV Amsterdam, in the following referred to as “CULTCHEERS” provides a web-based platform for people to connect culturally.
1.2 In these GTC the following definitions are used:
- Talent : is a natural or legal person validated by CULTCHEERS to transmit verifiable information during a session ;
- Users: is a natural or legal person who has joined the platform to engage in its services ;
- Session : is a natural or legal person validated by CULTCHEERS to transmit verifiable information during a session ;
- Host : is a Talent or a User registered for the session to provide a location for the Session ;
- Platform : a web-based interface that allows the organization of events during which the Talent shall offer his/her Session at a fixed date, time, and location to Users ;
- Service : connection of the Talent and a User through the Platform with a predefined format.
2.1 These GTC are applicable to all offers, quotations, instructions, (legal) relationships and agreements, under whatever name, in which CULTCHEERS undertakes/will undertake to perform activities (”the Service”) for the natural person or legal entity who gives CULTCHEERS the instructions to do so (“the User” or the “Talent” or “the host”).
2.2 Derogation from these GTC is only possible if agreed upon explicitly in writing.
2.3 These GTC are also applicable if CULTCHEERS makes use of any third parties to carry out the Service.
2.4 CULTCHEERS explicitly rejects any applicability of the User’s general terms and conditions.
3.1 The contract is concluded when the user receives a written mail confirmation by CULTCHEERS’s platform of its participation to the session.
3.2 If the written confirmation is not yet received but CULTCHEERS has already accepted and started carrying out the Service at the User’s request, these GTC are deemed applicable to the Service.
Execution of Service
4.1 CULTCHEERS will carry out all activities to its best ability and knowledge.
4.2 CULTCHEERS determines the way the Service will be carried out and by whom. The articles 7:404 and 7:407 lid 2 of the Dutch Civil Code are not applicable. Natural persons from CULTCHEERS carrying out the Service are never personally liable.
4.3 CULTCHEERS keeps a (digital) file with (copies of) relevant information. At the User’s request, CULTCHEERS will return the provided information and/or documentation, cancel and give confirmation of its cancelation of those.
4.4 CULTCHEERS has no influence and can’t be held liable for the files and information exchanged by Users and/or the Talents via the Platforms. Particularly, CULTCHEERS does not warrant that the uploaded files can be technically used for certain purpose or can be accessed by other Users and that these files are free of malicious software. Particularly there is no warranty for certain sizes and file formats. The transfer of data, files and content takes place at the Users’ and Talents’ own risk, using telecommunication technologies. The User is solely responsible for uploading (saving) his own files and data to the platform.
4.5 CULTCHEERS will not follow any instructions by the User and the Talent if CULTCHEERS reasonably believes this will result in the violation of standards for web-based platform.
Obligations of the user and talent
5.1 The User and the Talent provide all information, documentation and/or data media required for the timely and proper execution of the Service.
5.2 The User or Talent informs CULTCHEERS without delay of any facts and circumstances that might be relevant to the proper execution of the Service.
5.3 If the User does not provide the information in 5.1 and 5.2 in a timely manner, CULTCHEERS is entitled to suspend the execution of the Service under this article and/or to charge additional costs following the delay.
5.4 The User and Talent are responsible for the accuracy, completeness and reliability of all information and documentation whatsoever provided to CULTCHEERS.
6.1 The User is required to pay the costs charged without any deduction, discount or debt settlement no later than: during the online payment procedure/Payments, which must be denominated in the currency indicated in the invoice, must be made by means of money transfer to the bank account designated by CULTCHEERS. Any possible objections to the amounts charged do not exempt the User from its obligation to pay.
6.2 If the User fails to pay the costs charged within the term mentioned in 6.1 or within the term further agreed upon, all collection costs incurred by the User’s default, both judicial and extrajudicial, are for the User’s account. In addition, statutory interest will be charged.
By buying credits on CULTCHEERS, User also accept theMangoPay's CGU
7.1 CULTCHEERS and the Talent carrying out the Service can only be held liable in case of direct damages which are caused by intentional or gross negligent acts or omissions by CULTCHEERS, which have been reported immediately in writing by the User. [CULTCHEERS is not liable for any other damage whatsoever, including (i.e.) indirect or consequential damages, losses due to delay or loss of profits].
7.2 If CULTCHEERS reimburses damages following the liability described in 7.1, the amount shall never exceed the amount covered by the insurance
Confidentiality and data protection
8.1 CULTCHEERS collects and processes data which are necessary for the normal operations and improvement of the Services offered to Users, usage of the Services and billing requirements. CULTCHEERS may at its discretion use anonymous information, namely information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable.
8.2 Personal data are not licensed nor given by CULTCHEERS to third parties.
8.3 CULTCHEERS will store the User's and the Talent’s personal data for as long as required in order for the User to use the Platform and/or other Services provided by CULTCHEERS and in accordance with statutory retention periods. CULTCHEERS agrees to make every effort and to invest all means at its disposal in order to guarantee that the stored data are as secure as possible. Personal data is kept in a form which permits identification of Users and Talents for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the EU Directive 2016/279 subject to implementation of the appropriate technical and organizational measures required by law in order to safeguard the rights and freedoms of the Users and the Talents.
8.4 In order for Users and Talents to enter the Platform and make use of any of the Services offered by CULTCHEERS, the User actively consents to the processing of his/her personal data by CULTCHEERS by actively ticking a clearly marked box.
Users can at any time withdraw this consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The withdrawal cannot end the Contract at any time and will not affect any obligations of the User under the Contract, such as payment obligations (Article 6).
8.5 Users and Talents are allowed to access their own personal data, rectify inaccurate data and challenge automated decisions about them. Users and Talents can require data to be ‘erased’ when there is a problem with the underlying legality of the processing or where they withdraw consent.
8.6 The Session provided must not be exploited for commercial, promotional, or other purposes. It is strictly prohibited to send messages of a marketing and/or commercial nature and/or newsletters via the CULTCHEERS platform, including but not limited to content, guidelines or hyperlinks to third party sites or materials, particularly those of CULTCHEERS’ competitors.
9.1 Any and all intellectual property rights regarding products of the intellect used and/or developed by CULTCHEERS within the scope of the execution of the Service, belong to CULTCHEERS, unless those belong to [the talent].
9.2 The User is explicitly prohibited from reproducing, publishing or using for commercial purposes, whether alone or involving third parties, those contents, products, including computer programs, systems designs, working methods, opinions and the like, unless explicitly agreed upon in writing.
9.3 The CULTCHEERS trademark is exclusively owned by CULTCHEERS, and CULTCHEERS holds all of the related rights. Any use whatsoever is strictly prohibited without CULTCHEERS’s prior, express and written authorization.
10.1 CULTCHEERS can cancel the Session at any time and shall reimburse the Users registered to the Session.
10.2 The User can cancel his/her participation to the Session until 24 hours before the scheduled time of the Session and would be reimbursed.
10.3 In case of cancellation under the circumstances as described in Article 10.2, and if its participation is required to reach the minimum amount of participant requested for the Session, the User shall endure financial consequences under the amount of: one subscription to the Session. The minimum amount of participant to the Session is stated on the Platform during his/her registration to the Session.
10.4 The Talent shall not cancel his/her Session when:
- it has already been posted on CULTCHEERS’s platform; and
- one user already subscribed to his/her Session.
10.5 In case of cancellation under the circumstances as described in Article 10.4, the Talent shall endure financial consequences under the amount of: one subscription at his/her Session.
10.6 Derogation to Article 10.4 is possible in case of exceptional circumstances, (i.e) sickness, death or force majeure.
10.7 The Talent might cancel his/her Session, at least twenty-four (24) hours in advance of the scheduled performance, on CULTCHEERS’s platform if the minimum attendance required is not reached. Nevertheless, he/she can maintain the event if he/she decides to do so.
10.8 The Host shall not cancel his/her participation when there is at least one User registered.
10.9 In case of cancellation under the cir-cumstances as described in Article 10.8, the Host shall endure financial consequences under the amount of: one subscription at his/her performance.
11.1 All Services between CULTCHEERS and the User are governed by [the laws of the Netherlands].
11.2 The User will contact CULTCHEERS first in order to try and find an amicable settlement to any dispute with CULTCHEERS.
11.3 Unless the parties have agreed explicitly otherwise in writing, all disputes in connection with the Service to which these GTC apply will be referred to the competent court in Amsterdam.