Terms & Conditions
WELCOME TO EXPAT DIRECTORY
We (Expat Directory) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app (“App”), or any associated content/postings (together, “ED”), you agree to these Terms of Use (“TOU”) (last updated August 13, 2020). You acknowledge and agree ED is a private site owned and operated by Nirmala Sicka. If you are accessing or using ED on behalf of a business, you represent and warrant to ED that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use ED or download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use ED. Our privacy policy (https://www.expatdirectory.nl/privacy-policy/), prohibited list and all other policies, site rules, and agreements referenced below or on ED, are fully incorporated into this TOU, and you agree to them as well.
LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use ED and be bound by the TOU, or (2) use ED on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use ED in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from ED, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with , e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect ED content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of ED’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse ED’s flagging or reporting processes. You agree not to collect ED’s user information or interfere with ED. You agree we may moderate ED access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available ED or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide ED, (iii) combine or integrate ED or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects ED or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use ED or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting ED users’ information, including personal or identifying information – €1,000 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of ED without that party’s express written consent – €1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of ED – €1,000 per violation; (D) posting or attempting to post Prohibited Content -€100 per violation; (E) posting or attempting to post Prohibited Content in any paid section of ED – the price per post applicable to that section of ED; (F) sending an unauthorized/unsolicited email to an email address obtained from ED – €25 per violation; (G) using CL user information to make/send an unauthorized/unsolicited text message, call, or communication to a ED user – €500 per text/call/communication; (H) creating a misleading or unlawful ED account or buying/selling a ED account – €50 per violation; (I) abusing or attempting to abuse ED’s flagging or reporting processes – €1 per violation; (J) distributing any software to facilitate violations of the USE Section – €1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting ED content for any purpose without our express written consent – €3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of ED in any 24-hour period – €0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – €10 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. When you make a paid posting you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Expat Directory, and its owner, officers, directors, employees, agents, licensors, affiliates, and successors in interest (“Expat Services Entities”) (1) make no promises, warranties, or representations as to ED, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide ED on an “AS IS” and “AS AVAILABLE” basis and any risk of using ED is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with ED. ED Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to ED, and in no event shall such liability exceed €100 or the amount you paid us in the year preceding such loss.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to ED (“Claims”) will be governed by the internal laws of The Netherlands. Any Claims will be exclusively resolved by courts in Amsterdam, NL (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Amsterdam, NL; (2) indemnify and hold Expat Directory Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of ED; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS. Expat Directory, “ED” and the logo are sole property of Expat Directory.
MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access ED thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.
Who we are
Expat Directory is a listing platform which aims to connect the Expat Community to Expat Friendly individuals, businesses and organizations providing products & services in The Netherlands.
Privacy Policy
This policy details how data about you is used when you access our website and services (“ED”) or interact with us. If we update it, we will revise the date, place notices on ED if changes are material, and/or obtain your consent as required by law.
1. Protecting your privacy
- We take precautions to prevent unauthorised access to or misuse of data about you.
- We do not share your data with third parties for marketing purposes
- We do employ tracking devices for marketing purposes
- We do not engage in affiliate marketing.
- Please review privacy policies of any third party sites linked to from ED.
2. Data we use to provide/improve our services and/or combat fraud/abuse:
- data you post on or send via ED, and/or send us directly or via other sites
- credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
- data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
- web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
- data collected via cookies (e.g. search data and “favourites” lists).
- data about your device(s) (e.g. screen size, DOM local storage, plugins).
- data from 3rd parties (e.g. phone type, geo-location via IP address).
3. Data we store
- We retain data as needed for our business purposes and/or as required by law.
- We make good faith efforts to store data securely, but can make no guarantees.
- You may access and update certain data about you via your account log
4. Circumstances in which we may disclose user data:
- to vendors and service providers (e.g. payment processors) working on our behalf.
- to respond to subpoenas, search warrants, court orders, or other legal process
- to protect our rights, property, or safety, or that of users of ED or the general public.
- with your consent (e.g. if you authorise us to share data with other users).
- in connection with a merger, bankruptcy, or sale/transfer of assets
- in aggregate/summary form, where it cannot reasonably be used to identify you.
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International Users – By accessing ED or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact our privacy officer at admin@expatdiretory.nl
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Visitor comments may be checked through an automated spam detection service.
What data breach procedures we have in place
If we encounter any data breach issues, we will contact you immediately to change your login & password details
What third parties we receive data from
We receive data from LinkedIn, FaceBook, Instagram, Google, Twitter