Terms of Use

Article 1. Definitions

1.1 Plantsandflowersfoundationholland.org: Stichting Bloemenbureau Holland, also operating under the name Plants & Flowers Foundation Holland, established in Schiphol-Rijk and registered with the Dutch Chamber of Commerce under number 41151992.

1.2 Website: the website accessible via www.plantsandflowersfoundationholland.org and all associated subdomains.

1.3 Visitor: any natural or legal person who visits or has visited the Website at any time.

1.4 Member: a Visitor who has registered on the Website in accordance with Article 4.

1.5 Point of Sale: a legal or natural person acting in the course of a business or profession, whose primary or significant secondary activity involves selling flowers and/or plants.

1.6 Account: the interactive area on the Website made available to a Member and accessible through the use of Login Credentials.

1.7 Login Credentials: the username and password that allow a Member to access the Website.

1.8 Agreement: the agreement between Plantsandflowersfoundationholland.org and the User concerning the use of the Website.

1.9 Terms of Use: these Terms of Use.

Article 2. Applicability

2.1 These Terms of Use apply to and form part of any Agreement between Visitor/Member and Plantsandflowersfoundationholland.org.

2.2 These Terms of Use also apply to all use of the Website.

2.3 Any conditions or deviations proposed by the Visitor/Member shall not be part of the Agreement unless explicitly agreed to in writing by Plantsandflowersfoundationholland.org.

Article 3. Website Content

3.1 The Website and its content, materials, and services are compiled with the utmost care. However, the Website and its offerings are provided without any guarantees or claims of accuracy. No rights can be derived from its content.

3.2 Plantsandflowersfoundationholland.org reserves the right to modify or remove content at any time without notice and is not liable for any damage resulting from such changes.

Article 4. Registration

4.1 To make optimal use of the Website, the Visitor must register on the Website. The Visitor can register via the designated registration form on the Website. Registration is only complete after the Visitor has confirmed the registration by clicking on the hyperlink provided by Plantsandflowersfoundationholland.org via email.

4.2 After registration, the Member has the opportunity to use various services offered on the Website, receives a profile on the Website, and can post comments on the Website.

4.3 Registration is free. However, Plantsandflowersfoundationholland.org reserves the right to offer paid memberships with additional features.

4.4 The Visitor is required to complete the registration form truthfully. By registering, the Visitor declares that they have done so. The Visitor also declares that they are authorized to use the Website and to act in accordance with the Terms of Use.

4.5 Membership - and therefore registration - is only open to Visitors who are natural or legal persons authorized by Plants & Flowers Foundation Holland and/or can be classified as Points of Sale.

4.6 Only one Account may be created and managed per Visitor.

4.7 If the Visitor/Member acts in violation of the Terms of Use — and in particular the obligations and/or prohibitions mentioned in paragraphs 3 through 6 of this article — Plantsandflowersfoundationholland.org has the right to delete the Member's Account with immediate effect.

4.8 Plantsandflowersfoundationholland.org always reserves the right to refuse a Visitor’s registration without stating any reason.

4.9 During the registration process, the Visitor chooses a username and password, which they can use to log in to the Website after completing the registration. The Visitor is solely responsible for choosing a sufficiently secure password. The Member must keep their Login Credentials as confidential as possible. Plantsandflowersfoundationholland.org may assume that any action taken using an Account is carried out by, or with the permission of, the registered Member.

4.10 The Member understands that the use and any misuse of their Login Credentials are at their own risk. If the Member provides their Login Credentials to third parties, they bear full responsibility for any consequences. Should Plantsandflowersfoundationholland.org suffer any damages as a result of the Member sharing their Login Credentials with third parties, the Member will be fully liable.

4.11 If the Member knows or suspects that their Login Credentials have come into the hands of unauthorized persons, they must change their password as soon as possible and/or inform Plantsandflowersfoundationholland.org so that appropriate measures can be taken.

Article 5. Member’s Obligations

5.1 The Member must ensure at all times that the information included in their Account is up to date and accurate. If the Member’s business details change, they must update the information in their Account. If the Member does not wish to provide their updated business details to Plantsandflowersfoundationholland.org, they must delete their Account.

5.2 If the Member ceases to exist or no longer meets the conditions stated in Article 4, paragraph 5 of the Terms of Use, the Member must delete their Account as soon as possible.

Article 6. Business Information and Personal Data

6.1 The business information provided by the Member during registration — namely the company name and contact details — will, after registration, be included in the “Store Locators” on various other websites operated by Plants & Flowers Foundation Holland (hereinafter referred to as “the Store Locators”), as clearly indicated during the registration process. By registering, the Member agrees to the inclusion of this information in the Store Locators. The Member should be aware that if the business information they provide also contains personal data, they are also giving consent for this personal data to be published in the Store Locators.

6.2 If the Member’s significant business interests conflict with the inclusion of their business information in the Store Locators, the Member may request Plantsandflowersfoundationholland.org not to publish this information or — if it has already been published — to remove it from those websites. If the business information includes personal data, the Member has the right at any time to request that Plantsandflowersfoundationholland.org remove such data.

6.3 If the Member deletes their Account in accordance with Article 12 of the Terms of Use, the business information will no longer be visible in the Store Locators referred to in paragraph 1 of this article. The data will be removed once it is no longer necessary for Plantsandflowersfoundationholland.org.

Article 7. Use of the Website / Code of Conduct

7.1 The Member has, after registration, the possibility to publish texts and images on the Website and to post messages for other Members (hereinafter: the Content).

7.2 The Member must refrain from unauthorized use of the Website and shall behave in accordance with what may be expected from a careful Member by Plantsandflowersfoundationholland.org. This includes in any case – but explicitly not exclusively – that the Member: shall not perform any actions that are in violation of laws or regulations, public decency, public order, and/or the (intellectual) rights of third parties; shall observe all regulations and instructions displayed on the Website or directed to them by Plantsandflowersfoundationholland.org, including instructions from the staff of Plantsandflowersfoundationholland.org; shall not place any Content that contains malicious material (such as viruses or spyware) or hyperlinks to external sites with malicious content; shall not include any Content with a nature that is defamatory, slanderous, threatening, offensive, pornographic, discriminatory, or inciting hatred; shall not distribute spam or other unwanted messages to other Members or Visitors, via instant messaging, email, profiles available on the Website, or in any other way; shall not place Content that violates the personal privacy of others; shall not place Content that infringes upon the (intellectual) rights of third parties, including but not limited to placing texts, images, or hyperlinks to them without permission from the rightsholder.

7.3 If the Member acts wholly or partly in violation of what is stipulated in paragraph 2 of this article, the Member forfeits, without further warning or notice of default and without judicial intervention being required, an immediately payable fine of €500 per occurrence, without prejudice to the right of Plantsandflowersfoundationholland.org to claim full compensation for damages.

7.4 The Member indemnifies Plantsandflowersfoundationholland.org against all claims from third parties that are based on or related to the assertion that Content from the Member is unlawful or otherwise in conflict with law or regulations.

7.5 If Plantsandflowersfoundationholland.org has a reasonable suspicion or determines that Content from the Member on the Website is in violation of the law or one of the prohibitions stated in this article, then Plantsandflowersfoundationholland.org has the right to immediately remove the Content or block access to it. Plantsandflowersfoundationholland.org does not have to consult with the Member regarding this. Plantsandflowersfoundationholland.org is not liable for any damages resulting from such actions.

7.6 Plantsandflowersfoundationholland.org is not obligated to check, edit, or monitor Content. Plantsandflowersfoundationholland.org accepts no liability for damages resulting from Content of Members.

Article 8. Complaints Procedure

8.1 Anyone may notify Plantsandflowersfoundationholland.org of Content that is unlawful towards them.

8.2 Plantsandflowersfoundationholland.org applies a complaints procedure through which third parties can submit a complaint regarding such Content. Complaints can be submitted via the contact details at the bottom of the Terms of Use or via the 'report abuse' button.

8.3 If a complaint is, in the opinion of Plantsandflowersfoundationholland.org, justified, Plantsandflowersfoundationholland.org is entitled to remove the Content or make it inaccessible. In that case, Plantsandflowersfoundationholland.org is also entitled to provide the personal/business data of the Member to the complainant or to the competent authorities. Plantsandflowersfoundationholland.org will inform the Member about the course of this procedure.

8.4 In the case of repeated complaints or repeated violations of the Terms of Use, Plantsandflowersfoundationholland.org is entitled to deny the Member access to the Website.

8.5 Plantsandflowersfoundationholland.org is not liable for any damage whatsoever that the Member suffers due to actions taken by Plantsandflowersfoundationholland.org in the context of this complaints procedure, even if the complaint turns out to be unfounded and the Content does not violate these Terms of Use and/or Dutch law.

Article 9. Availability of the Website

9.1 Plantsandflowersfoundationholland.org makes efforts to keep the Website available. However, it does not guarantee that the Website will be available at all times, without malfunctions and/or interruptions. Plantsandflowersfoundationholland.org is therefore never liable for the Website being unavailable.

9.2 Plantsandflowersfoundationholland.org has the right at all times to temporarily take the Website or parts thereof out of service for the purpose of maintenance, adjustments, or improvements to the Website, the associated software, or other facilities. Plantsandflowersfoundationholland.org will inform Members and Visitors as much as possible about planned outages. However, Plantsandflowersfoundationholland.org is never liable for any damage arising from or in connection with such unavailability.

9.3 Plantsandflowersfoundationholland.org has the right at all times to modify the Website and the software used for it from time to time in order to improve functionality and to correct errors. If a modification leads to a significant change in the functionality of the Website, Plantsandflowersfoundationholland.org will try to inform the Members about it.

9.4 However, Plantsandflowersfoundationholland.org is not obliged to compensate any damage caused by the modification of the Website.

Article 10. Liability

10.1 Plantsandflowersfoundationholland.org is only liable for damage caused by intent or deliberate recklessness on the part of Plantsandflowersfoundationholland.org. Liability of Plantsandflowersfoundationholland.org for any other damage suffered by the Member or Visitor, of whatever nature, is excluded.

10.2 In particular, Plantsandflowersfoundationholland.org is never liable for any damage suffered by the Member/Visitor or by third parties, including but not limited to consequential damage, loss of data or damage due to the disclosure thereof, loss of revenue, and non-material damage.

10.3 The Member/Visitor indemnifies Plantsandflowersfoundationholland.org against all claims from third parties, on any grounds whatsoever, concerning compensation for damage, costs, or interest, related to the Agreement.

Article 11. Intellectual Property Rights / License

11.1 Every Visitor/Member shall respect the intellectual property rights belonging to Plantsandflowersfoundationholland.org. The reproduction, distribution, and/or disclosure of protected content from the Website is reserved to Plantsandflowersfoundationholland.org and/or its possible licensors. The Visitor/Member may only perform actions reserved to Plantsandflowersfoundationholland.org or its licensors insofar as strictly necessary for the lawful, normal visit and use of the Website or for the use of the services offered there.

11.2 The Member/Visitor is not permitted to remove any indication concerning copyrights, trademarks, trade names, or other intellectual property rights from the software and/or other documentation made available.

11.3 It is not permitted to use automated processes or software to retrieve the entire Website or a substantial part thereof, or to undertake any action that may impair the proper functioning of the Website.

11.4 If Plantsandflowersfoundationholland.org has protected the software of the Website by means of technical safeguards, it is not permitted to remove or circumvent such safeguards.

11.5 The Member grants Plantsandflowersfoundationholland.org a free, perpetual, non-exclusive license to publish Content on the Website and to store it for archiving purposes. This also includes the right of Plantsandflowersfoundationholland.org to shorten and/or modify the Content. This license remains in effect even after termination of the Agreement

Article 12. Duration / Suspension / Termination

12.1 The Agreement is entered into for an indefinite period. A Member may terminate the Agreement at any time by deleting their Account on the Website.

12.2 After deletion of the Account by the Member, the restricted area of the Website will no longer be accessible to them, their profile will be deleted, and they can no longer make use of the services offered in the restricted area of the Website. The business information provided by the Member will no longer be visible in the Store Locators (see also Article 6 of the Terms of Use). The Content placed by the Member and the associated username will not be deleted. However, the Member may request Plantsandflowersfoundationholland.org to delete this information after all.

12.3 Plantsandflowersfoundationholland.org has the right at all times to block or delete an Account in the event the Member abuses the Website or acts in violation of the Terms of Use.

12.4 Plantsandflowersfoundationholland.org is entitled at all times to discontinue the Website. Plantsandflowersfoundationholland.org is not obliged to compensate any damage resulting from this.

Article 13. Amendment of the Terms of Use

13.1 Plantsandflowersfoundationholland.org has the right to amend the Terms of Use or to supplement them with new conditions. Such amendments or supplements shall take effect thirty (30) days after notification thereof to the Members/Visitors of the Website. Changes of minor importance shall take effect immediately.

13.2 Notification of an amendment of the Terms of Use, as referred to in paragraph 1 of this article, shall be made by announcement on the Website or by notification of the change via electronic communication.

13.3 If the Visitor does not wish to accept the amended or supplemented conditions, the Visitor must cease visiting and/or using the Website from the moment the new conditions take effect.

13.4 If the Member does not wish to accept the amended or supplemented conditions, the Member must terminate the Agreement before the day on which the new conditions take effect, in accordance with Article 12 of the Terms of Use.

Article 14. Final Provisions

14.1 Dutch law applies to these Terms of Use and the Agreement.

14.2 The Dutch-language version of these Terms of Use is the legally binding version of the Terms of Use. Any translations of the Terms of Use provided are for informational purposes only and shall not be used for the interpretation of the Agreement and/or the Terms of Use. The Member/Visitor waives any right applicable in their country of residence to receive these Terms of Use in the language of their country of residence.

14.3 Unless otherwise prescribed by rules of mandatory law, all disputes that may arise in connection with the Agreements and/or these Terms of Use shall be submitted to the competent court in The Hague.

14.4 Changes in management or legal form shall not affect the Agreement.

14.5 If any provision in these Terms of Use is found to be void, this shall not affect the validity of the entire Terms of Use. In that case, the parties shall establish a new provision to replace it, which, as far as legally possible, reflects the intent of the original provision.

14.6 In these Terms of Use, “in writing” also includes communication by e-mail and fax, provided the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact Details

If, after reading these Terms of Use, you have any questions, complaints, or comments, please feel free to contact us in writing or by email via the contact details below:

Plants & Flowers Foundation Holland
Trading as: Plantsandflowersfoundationholland.org
Beechavenue 8
1119 PT Schiphol-Rijk
Email address: info@plantsandflowersfoundationholland.org
Chamber of Commerce number: 41151992
VAT number: NL 005187928 B01