Terms and Conditions - SELMS
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SELMS TERMS AND CONDITIONS

June 1st, 2015

 

These terms and conditions (“User Terms”) apply to your visit to and your use of our website at www.selms.com (the “Website”), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.

 

SELMS
Your contracting partner is SELMS B.V., a private limited liability company established in the Netherlands, having its offices at Maria Austriastraat 240, 1087 EK, Amsterdam, The Netherlands, registered at the Chamber of Commerce under number 62516795 (“SELMS BV”).

 

SERVICES SELMS
SELMS offers information and a means to obtain transportation services offered by third party transportation providers, drivers or vehicle operators (the “Transportation Provider”), which may be requested through the use of an application supplied by SELMS and downloaded and installed by you on your single mobile device (smart phone) (the “Application”). All services provided by SELMS to you by means of your use of the Application are hereafter referred to as the “Service”.

 

By using the Application or the Service, you enter into a contract with SELMS (the “Contract”). In order to be able to use the Application or Service, you first need to sign up with SELMS. When signing up, you are obligated to provide SELMS with your personal information, mobile telephone number and credit card data. Upon successful completion of your signing up with SELMS, SELMS will provide you with a personal account, accessible for you with a password of your choice.

 

You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.

 

SELMS reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.

 

PLEASE NOTE: SELMS does not operate vehicles, and SELMS is not a transportation carrier. It is up to the third party transportation provider, driver or vehicle operator to offer transportation services which may be scheduled through use of the Application or Service. SELMS offers information and a method to obtain such Transportation Providers services, but does not and does not to intend to provide transportation services or act in any way as a transportation carrie. However, we do take responsibility for any complaints. If you have any issues, please contact us by email and we work it out for you.

 

USE OF SELMS: APPLICATION AND SERVICE
You warrant that the information you provide to SELMS is accurate and complete. SELMS is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. SELMS is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. SELMS reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.

 

SELMS reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the rules stated below. By using the Application or Service, you agree that:

 

a) You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;

b) You will not authorize others to use your account;

c) You will not assign or otherwise transfer your account to any other person or legal entity;

d) You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

e) You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

f) You will not use the Service or Application to cause nuisance, annoyance or inconvenience;

g) You will not impair the proper operation of the network;

h) You will not try to harm the Service or Application in any way whatsoever;

i) You will not copy, or distribute the Application or other SELMS Content without written permission from SELMS;

j) You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;

k) You will provide us with whatever proof of identity we may reasonably request;

l) You will only use an access point or 3G data account (AP) which you are authorized to use;
m) You are aware that when requesting transportation services by SMS (if available inyour jurisdiction), standard messaging charges will apply;

n) You will not use the Service or Application with an incompatible or unauthorized device;

o) You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.

 

SELMS CANCELLATION POLICY
By using the Application or the Service, you agree that:
a) SELMS may charge a cancellation fee, it the booking is cancelled at the situation that the Driver has arrived at your pick up location. You then have to pay 10 EUR as a penalty fee.

b) SELMS may charge you a no show fee, if you do not make use of the Services once the card has arrived. You then have to pay 10 EUR as a penalty fee.

SELMS PAYMENT TERMS
The use of the Application and the Service is free of charge. SELMS reserves the right to introduce a fee for the use of the Application and/or the Service. If SELMS decides to introduce such a fee, SELMS shall inform you accordingly and allow you to either continue or terminate the Contract.

 

SELMS shall charge you for the transportation services provided to you by the Transportation Provider on behalf of the Transportation Provider. You agree that you will pay for all transportation services you purchase from the Transportation Provider, and that SELMS may charge your credit card account as provided by you when registering for the Service for the transportation services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing SELMS with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.

 

SELMS uses a third-party payment processor Adyen B.V. (the “Payment Processor”) to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. SELMS is not responsible for any errors by the Payment Processor. In connection with your use of the Services,
SELMS will obtain certain transaction details, which SELMS will use solely in accordance with its Privacy and Cookie Notice. For the Payment Processor’s terms and conditions, visit and search for Terms and Conditions: https://www.adyen.com/home/support/manuals

 

SELMS RATES
The rates that apply for the transportation services by the Transportation Provider can be found on the Website and through the Application. These may be modified or updated by SELMS from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.

 

SELMS PROMOTIONAL CODES
From time to time, SELMS may elect to run or otherwise make available promotional offers, deals and/or codes for the Application and Services. Unless otherwise indicated on the Website, SELMS may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. SELMS reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Application or Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the Site.
SELMS SMS Messaging

 

SELMS reserves the right to send text messages (SMS messages) to you in direct association of orders you may have placed with SELMS. SELMS offers, news or similar will be sent to you via SMS messages, push notifications or emails on rare occasion(s). No SMS, emails or push messages will be sent that has no direct correlation to SELMS services. We are not liable for service interruptions by the phone carriers.

 

INDEMNIFICATION
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold SELMS, its affiliates, its licensors, and each of their
officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third party, including Transportation Providers arranged via the Application, or your use or misuse of the Application or Service.

 

LIABILTY
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. SELMS will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and or Application are correct, up to date and accurate.

 

SELMS shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of SELMS.

 

SELMS shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, SELMS aggregate liability shall in no event exceed an amount of EUR 500 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Transportation Provider.

 

The quality of the transportation services requested through the use of the Application or he Service is entirely the responsibility of the Transportation Provider who ultimately provides such transportation services to you. SELMS under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Transportation Provider or any acts, actions, behaviour, conduct, and/or negligence on the part of the Transportation Provider. Any complaints about the transportation services provided by the Transportation Provider should therefore be submitted to the Transportation Provider.

 

LICENSE GRANTED BY SELMS
Subject to your compliance with the terms and conditions of User Terms, SELMS grants you a limited, non-exclusive, non-transferable license to use-, view- and print- the services of the company. You have no right to sublicense the license rights granted in this section.

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content (SELMS and User content), except as expressly permitted in this User Terms.

 

LICENSE GRANTED BY USER
SELMS may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to SELMS a worldwide, irrevocable, perpetual, non- exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. SELMS does not claim any ownership rights in any User Content and nothing in this User Terms will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application.

 

SELMS APPLICATION LICENSE
Subject to your compliance with these User Terms, SELMS grants you a limited non- exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

 

SELMS reserves all rights in and to the Application not expressly granted to you under this Agreement. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.

 

SELMS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SELMS may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that SELMS has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SELMS reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that SELMS, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Service or Application.

 

SELMS COPYRIGHT POLICY
SELMS respects copyright law and expects its users to do the same. It is SELMS’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

SELMS INTELLECTUAL OWNERSHIP
SELMS alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service
and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. These User Terms are not a sale and do not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by SELMS. SELMS’s name, the SELMS logo, and the product names associated with the Application and Service are trademarks of SELMS or third parties, and no right or license is granted to use them.

 

THIRD PARTY INTERACTIONS
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.

 

SELMS and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. SELMS does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall SELMS or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. SELMS provides the Application and Service to you pursuant to the terms and conditions of these User Terms. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and SELMS disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

 

SELMS may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. SELMS reserves the right to charge you a higher fee for the Service or Application should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Website located at https://www.selms.com. SELMS may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

 

TERMINATION OF THE CONTRACT
The Contract between SELMS and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time.

 

SELMS is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:

 

a) violate or breach any term of these User Terms, or
b) in the opinion of SELMS, misuse the Application or the Service. SELMS is
not obliged to give notice of the termination of the Contract in advance. After termination SELMS will give notice thereof in accordance with these User Terms.

 

MODIFICATION OF THE SERVICE AND USER TERMS
SELMS reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. SELMS may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

 

SELMS NOTICE
SELMS may give notice by means of a general notice on the Service, electronic mail to your email address on record in SELMS’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in SELMS’s account information.

 

SELMS ASSIGNMENT
These User Terms may not be assigned by you without the prior written approval of SELMS but may be assigned without your consent by SELMS to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

 

APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of the Netherlands. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Amsterdam, the Netherlands, unless you notify SELMS within one month after SELMS invoking its right pursuant to this provision to commence court proceedings in Amsterdam, the Netherlands, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.