GENERAL TERMS AND CONDITIONS OF STIW

The STIW services are offered to you by STIW, having its registered office at Suiker-Silo West 25, 1165MP Halfweg, and registered with the Chamber of Commerce under number 88035549.

After activation of your account, STIW is available both via an app and via your browser and may be used by you to view, purchase or order, use and/or pay for various products and services offered by STIW and by third parties, including the payment services offered by or through STIW.

The STIW services are intended for natural persons or legal entities in the Netherlands. The STIW services relate only to the delivery of products and/or services to you in the Netherlands.

These General Terms and Conditions apply to the activation of your account for, and your use of, the STIW platform and the STIW services. Since the right of withdrawal as referred to in Article 6:230o of the Dutch Civil Code does not apply to this, we advise you to read these General Terms and Conditions carefully before activating your account for the STIW services and subsequently making use of them. If you do not wish to agree to these General Terms and Conditions, you cannot make use of the STIW services. By activating your account for the STIW services, you confirm that you have read and understood these General Terms and Conditions and accept that they apply.

1 Definitions

1.1 Words written with an initial capital letter have the following meaning:

General Terms and Conditions: the general terms and conditions of STIW described in this document that apply to your activation and use of the STIW services.

STIW: Stichting Innovatie Waterwegen, having its registered office at Suiker-Silo West 25, 1165MP Halfweg, and registered with the Chamber of Commerce under number 88035549.

STIW services: our services may consist of products or services which may be purchased or ordered, used and/or paid for, including payment services.

STIW platform: the online platform specially developed by STIW to be used by you, after activation of your account, both via an app and via a browser, in order to view, order, use and/or pay for various products and services offered via this platform by Sellers, including but not limited to the STIW services.

Agreement: the agreement entered into between STIW and you for an indefinite period on the basis of these General Terms and Conditions for the provision of STIW services.

Seller(s): any natural person acting in the exercise of a profession or business, as well as any legal entity, who offers products and/or services to you via the STIW platform, allows payments by you for the delivery of those products and/or services and/or engages in other interactions and transactions with you; with regard to specific STIW services, STIW itself also qualifies as a Seller.

2 Applicability

2.1 These General Terms and Conditions apply to the Agreement, the STIW platform and the STIW services, as well as your use thereof and all offers and deliveries by STIW to you in that context, unless otherwise indicated.

2.2 Deviations from these General Terms and Conditions are only permitted if agreed in writing between STIW and you.

2.3 STIW is at all times entitled to amend these General Terms and Conditions. Any changes to these General Terms and Conditions will be announced via www.stiw.nl at least two months before they enter into force. If you do not wish to agree to the relevant amendment(s), you may terminate the Agreement free of charge up to the date communicated by STIW on which the amendments enter into force, in accordance with Article 17.1 of these General Terms and Conditions. If you do not terminate the Agreement in time, you will be deemed to have accepted the amendments.

2.4 If and insofar as any provision in these General Terms and Conditions is or becomes wholly or partly invalid, void or unenforceable, such invalidity, nullity or unenforceability shall not affect the remaining provisions, and these General Terms and Conditions shall otherwise remain in full force and effect.

3 Agreement

3.1 An Agreement for an indefinite period is concluded between STIW and you as soon as you have activated your account for the STIW services. Activation takes place by completion of your registration for the STIW services, whereby you have accepted the applicability of these General Terms and Conditions.

4 STIW platform and STIW services

4.1 Via the STIW platform:

4.1.1 STIW provides you with information about the range of products and/or services offered by itself and by other Sellers;

4.1.2 STIW facilitates the conclusion of agreements between you and itself and between you and other Sellers for the delivery of products and/or services to you;

4.1.3 STIW sends electronic messages and personal offers from itself and from other Sellers to you, in accordance with our Privacy Policy;

4.1.4 you may use the STIW functionality offered to carry out your electronic money and other payment transactions for products and services of itself and other Sellers, whether or not offered via the STIW platform, both prior to the delivery of a product or service and, in some circumstances, simultaneously with or after delivery;

4.1.5 you may manage your account and view your transaction history, without prejudice to any other functionalities and services, including STIW services, that are now and in the future offered to you via the STIW platform.

4.2 STIW reserves the right to make changes to the STIW platform and/or the STIW services at any time without prior notice. If you do not wish to agree to the relevant amendment(s), you may terminate the Agreement free of charge in accordance with Article 17.1 of these General Terms and Conditions.

5 STIW payment transactions

5.1 Payment transactions via STIW’s own functionality may only take place in the manner prescribed by STIW as designed on the STIW platform, both prior to the delivery of a product or service and, if this function is offered via the STIW platform at that time, simultaneously with or after delivery. Your instruction for a payment transaction, for example by clicking the “Pay now” button, is received by STIW immediately and can no longer be revoked by you.

5.2 Payment transactions carried out via the STIW functionality are irreversible and can no longer be revoked.

Automatic debit

5.7 If this function is offered via the STIW platform at that time, you may provide STIW with an electronic mandate for payment of a product or service for the automatic collection from the account number specified by you of outstanding amounts owed by you to the relevant Seller(s). If you provide such an electronic mandate, you thereby authorize STIW to collect amounts due directly, without prior notification. STIW is not liable for any damage arising as a result of your issuing an electronic mandate as referred to in this Article 5.7.

9 Your obligations

9.1 You are responsible for your use of the STIW platform and the STIW services. More specifically, the use of geolocation information on the STIW platform is at your own risk. You may derive no rights from the geolocation indicated by the STIW platform as your geolocation.

9.2 When using the STIW platform and the STIW services, you shall comply with all instructions for use and procedures imposed on you by STIW.

9.3 In the context of activation of the STIW platform, STIW provides you with access and/or identification codes with which you obtain access to the STIW platform and the STIW services. You may change these access and/or identification codes after activation. Your access and/or identification codes are strictly personal and must be treated confidentially and kept secret.

9.4 You may determine yourself whether your access and/or identification codes are always required when logging in and/or when carrying out certain transactions, including any threshold amounts applicable in that regard. You are responsible for these settings. STIW is not liable for any unauthorized or undesirable transactions as a result of your settings as referred to in this Article 9.4.

9.5 You guarantee that the data and information provided by you to STIW are correct, current and complete.

9.6 If you are younger than 16 years old, you must have permission from a legal representative for the activation and use of the STIW platform and the STIW services.

10 Refusal of payment/account blocking

10.1 STIW is entitled, without prior notice, to refuse the execution of a payment initiated by you if:

10.1.1 STIW suspects that you have not given permission for the relevant payment;

10.1.2 STIW suspects or knows that fraud or misuse is involved;

10.1.3 STIW suspects or knows that the relevant payment is contrary to applicable laws and regulations;

10.1.4 you fail to comply with your obligations towards STIW under the Agreement and these General Terms and Conditions; or

10.1.5 STIW otherwise has reasonable grounds to do so.

STIW shall in no way be liable for any direct and/or indirect damage suffered by you as a result of a refusal as referred to in this Article 10.1.

10.2 In the event of suspected misuse of your account, STIW may immediately block the relevant account, whether temporarily or otherwise. STIW shall in no way be liable for any direct and/or indirect damage suffered by you as a result of such blocking. All damage and costs resulting from unlawful use of the account shall be borne by you, unless STIW is liable for this under applicable laws and regulations.

11 Offerings of Sellers (other than STIW services)

11.1 For the purchase and delivery of products and/or services from a Seller, you enter into an agreement with the relevant Seller. The Seller’s own terms and conditions may apply to that agreement. Other than insofar as this relates to the performance of the STIW services, STIW is not a party to that agreement and is not obliged to deliver any product and/or service to you in that connection. STIW is also not responsible for the correct and/or timely delivery of the said products and/or services to you, nor is it liable for any shortcomings in the performance of the agreement between you and the Seller. For the relevant Sellers, STIW acts as payment service provider. STIW receives payments on behalf of those Sellers.

11.2 For certain products and/or services of Sellers, you may terminate the agreement with the relevant Seller during a legally established withdrawal period without stating reasons. If you have this right of withdrawal and wish to make use of it, you must contact the relevant Seller directly.

11.3 You cannot assert any claims against STIW arising from or related to the acquisition, redemption or otherwise of coupons, points or other loyalty items saved or collected by you with Sellers. These coupons, points or other loyalty items do not represent any value in economic transactions.

12 Fees

12.1 STIW may charge a fee for use of the STIW platform. The applicable fee is stated on the STIW website (www.stiw.nl) and on the STIW platform.

12.2 For certain parts of the STIW services, you may owe a transaction fee. The applicable transaction fees are stated on the STIW platform. Payment of an applicable transaction fee takes place via the STIW functionality simultaneously with the use of the relevant part of the STIW services.

14 Confidentiality and privacy

14.1 STIW shall treat all personal information and data it obtains from you in the context of the Agreement as confidential and shall process them carefully in accordance with the applicable laws and regulations on the protection of personal data. STIW

14.2 For more information about the way in which STIW processes your personal data, please refer to the STIW Privacy Policy (www.stiw.nl/privacy).

15 Intellectual property rights

15.1 All intellectual property rights relating to the STIW platform, including the STIW app, and the STIW services are vested exclusively in STIW and/or its licensors.

15.2 For the duration of the Agreement, STIW grants you a non-exclusive and non-transferable right to use the STIW platform, including the Stay&Pay app, and the STIW services for personal use for the actions for which they are intended, all exclusively as communicated by STIW to you.

Warranty and liability

16.1 STIW shall make efforts to ensure that the STIW platform and the STIW services function without interruptions and errors. However, STIW does not guarantee that:

the STIW platform and the STIW services will be continuously available;
interruptions, errors or data loss will not occur; and
all information and data regarding your transaction history available via the STIW platform and the STIW services will always be correct or up to date.

16.2 STIW is not obliged to verify the information provided via the STIW platform about the products and/or services offered by Sellers. STIW does not guarantee the quality, accuracy, completeness and/or lawfulness of the said information or of the said offer of products and/or services.

16.3 STIW is not liable for any damage suffered by you or a third party as a result of or arising from:

the use of the STIW platform and/or the STIW services;
inaccuracies and/or unavailability relating to the STIW platform and/or the STIW services; and/or
information provided by Sellers about their offer of products and/or services,
unless there is intent or deliberate recklessness on the part of STIW.

16.4 The provisions of this Article 16 do not affect your statutory rights to compensation for damages.

17 Termination

17.1 You may terminate the Agreement at any time by deleting your account via the STIW platform or by submitting a request to do so via the contact form on www.stiw.nl/support.

17.2 STIW may terminate the Agreement by sending you a message via the STIW platform or by sending an email to the email address known to STIW for you, observing a notice period of two months. If your account has been inactive for one year, meaning that you have not used the STIW platform during that period, STIW is not required to observe any notice period in order to terminate the Agreement.

17.3 Provisions of these General Terms and Conditions which by their nature are intended to continue after termination of the Agreement shall remain fully in force with respect to you.

19 Complaints procedure

19.1 If you wish to submit a complaint to STIW about the STIW services, you must report the complaint as completely as possible via the email address servicedesk@stiw.nl. A complaint reported in accordance with this article will be handled within 30 days after receipt.

19.2 If you have a complaint about a product or service of a Seller, you must submit the complaint directly to the relevant Seller. STIW is not obliged to respond substantively to complaints relating to products and/or services, or information about them, offered by Sellers via the STIW platform.

20 Final provisions

20.1 Where these General Terms and Conditions refer to “in writing”, this also includes communication by email and communication via the STIW platform, unless the law provides otherwise.

20.2 As against you, the records of STIW shall constitute full evidence. In case of doubt about the content of a notice, the content of the notice sent or received by STIW shall be decisive.

20.3 STIW may make use of the services of third parties in the performance of the Agreement.

20.4 STIW may transfer its rights and obligations under the Agreement by way of transfer of contract and assumption of debt. You hereby grant your cooperation and consent to such transfer. STIW will inform you in writing of any transfer of contract and/or assumption of debt.

21 Governing law and competent court

21.1 The Agreement and these General Terms and Conditions are governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.

21.2 Disputes arising from or in connection with the Agreement and these General Terms and Conditions shall be submitted to the competent Dutch court.