General Terms CuracaoTodo

December 2020

These General Terms apply to the website www.curacaotodo.com (“Site”) owned by 12Grow Holding BV (“CuracaoTodo”), with statutory address at Gemeeneland 17, 3645 LL, Vinkeveen. The Netherlands, registered in the Commercial Register of the Dutch Chamber of Commerce under No. 30235609, your use of the Site and any agreement between you and CuracaoTodo concluded through the Site. In addition to these General Terms, the Terms of Use for Companies or the Terms of Use for Customers may apply, depending on your capacity as user.

Online payments will be processed and handled by 12Grow Holding BV, based in Vinkeveen, the Netherlands.

1. The Site
The Site is a platform through which certain parties offer goods and/or services (“Companies”) to other parties who may purchase such goods and/or services (“Customers”). CuracaoTodo facilitates in agreements between Companies and Customers through the Site and will for that purpose enter into separate Terms of Use with Companies and Customers.   

2. Use and user
The General Terms apply to your use of the Site. Use of the Site includes, among others, the mere scrawling and searching on the Site as well as offering and purchasing goods and services through the Site. You are regarded user of this Site under these General Terms.

3. Representations
User represents and warrants that he is authorized, i.e. possessing the legal right capacity and ability to offer and/or purchase products and services through the use of this Site in accordance with these General Terms. User agrees to be financially responsible for all use of this Site as well as for use of User’s account by others. The offer and purchase features of this Site are provided solely to permit User to make legitimate offers or purchases with third parties and for no other purposes. Purchases shall not be used for commercial purposes. Without limitation, user shall not make any speculative, false or fraudulent offer or purchase. User represents that he shall not interfere in any manner whatsoever with the proper operation or functionality of the Site and shall not take any action that will or could impose an excessive or disproportionate load on the infrastructure of the Site. User shall be responsible for all charges, fees, duties, taxes and assessments arising out of his use of this Site.

4. Intellectual property rights
The Site and the intellectual property rights thereto are owned by CuracaoTodo. Intellectual property rights include, but are not limited to, copyrights on photos, images, video, graphics, text as well as exclusive rights to trade names, trademarks and know-how. The Site also contains intellectual property rights of third parties advertising on the Site. No content, material, information, software, products or services obtained from this Site may be modified, copied, displayed, performed, licensed, reproduced, republished, uploaded, posted, transmitted, sold, distributed, researched, recovered, monitored or retrieved in any way, without the prior written permission of CuracaoTodo. CuracaoTodo will do its utmost to respect third parties’ intellectual property rights on the Site. User shall immediately report any possible infringement on intellectual property rights. CuracaoTodo reserves the right to temporarily or permanently remove content from the Site and is not liable for damages caused due to this removal. User holds CuracaoTodo, its subsidiaries, affiliates and any of their employees, officers, directors, agents and partners harmless for any damage claims due to infringement of intellectual property rights in connection with his use of the Site.

5. Other websites
This Site may contain links or references to other websites maintained by third parties, including but not limited to websites of Companies advertising on this Site. CuracaoTodo does not operate or control in any respect any information, products or services on such third parties’ websites. Third party links and references are included solely for the convenience of user and do not constitute any endorsement by CuracaoTodo. User assumes sole responsibility for use of third party links and references. CuracaoTodo is not responsible for any claim or content made on third parties’ websites.

6. Communication
CuracaoTodo will communicate with users by email and notices on the Site. CuracaoTodo is not liable for any damage due to errors in user’s email and notices, including but not limited to typographical errors and delay in delivery. Email and notices from CuracaoTodo are considered delivered to user when sent to the email address user provided to CuracaoTodo by email and via the Site.

7. Liability disclaimer
CuracaoTodo makes no representations about the suitability of the information, products, and services published on the Site for any purpose. All such information, products, and services are provided “as is” without warranty of any kind. CuracaoTodo is not responsible for any insurances, permits or licenses that may be required in connection with the products or services offered by Companies through the Site or the absence of insurances, permits or licenses. CuracaoTodo hereby disclaims all warranties and conditions with regard to information, products and services published on the Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall CuracaoTodo, its subsidiaries, affiliates or any of their employees, officers, directors, agents or partners be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with: (i) the use of this Site, (ii) the delay or inability to use this Site, (iii) modification or removal of content on the Site, including but not limited to User’s content,  (iv) any information, including but not limited to incorrect information due to typographical errors, products and services offered and/or purchased through this Site, (v) the absence of insurances, permits or licenses required for the products or services offered by Companies through the Site, or (vi) any damages otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise. Liability of CuracaoTodo for damages in connection with products or services offered on this Site will not exceed the amount paid for the concerned product or service.

8. Indemnity
User indemnifies and holds harmless CuracaoTodo from and against any and all liabilities, expenses, including but not limited to attorney’s fees, and damages arising out of claims resulting from his use of this Website.

9. No partnership
User acknowledges that no joint venture, partnership, employment or agency relationship exists or arises between the User and CuracaoTodo as a result of the use of this Site. User agrees not to act as a representative, agent or employee of CuracaoTodo and that CuracaoTodo will not be liable for any representation, act or omission of the User.

10. Online payments and warranties
Additionals terms regarding the purchase and online payment for Activities and Deals apply for Customers (Tourists) and Companies.

11. Privacy
CuracaoTodo respects the privacy of the User and User’s right to protect personal data. More information on the privacy policy of CuracaoTodo can be found in our CuracaoTodo Privacy Policy.

12. Modification of Site and General Terms
CuracaoTodo reserves the right to make changes to this Site at its sole discretion without notice to the User. In case of violation of these General Terms, or of the Terms of Use, or in the event CuracaoTodo must comply with law enforcement requests, CuracaoTodo reserves the right to immediately and without any notice remove user’s content and/or block user’s access to the Site and/or take any action or to make any claims considered necessary or appropriate to obtain compensation from user. CuracaoTodo reserves the right to change these General Terms at any time and will notify user of changes on the Site. User must regularly review the General Terms, which are available on the Site. Continued use of the Site following any such changes shall be considered the user’s acceptance of the modified General Terms.

13. Applicable law and jurisdiction
The General Terms refer only to the use of this Site. Additional Terms of Use apply for offering and purchasing products and services through the Site. The General Terms and the Terms of Use for Customers and for Companies, and the rights and liabilities of the parties hereunder, shall be interpreted in accordance with the laws of Curaçao, notwithstanding conflicts of law principles. In the event a conflict on the interpretation of any of the provisions of the General Terms, the Terms of Use, the use of the Site or any agreement made through this Site, the parties consent to the exclusive jurisdiction of the Curaçao court

14. User-Generated Content

14.1 Content Ownership and Responsibility: Users of the Site may upload or submit images, videos, and other content (“User-Generated Content”). By uploading or submitting such content, the User represents and warrants that they have all necessary rights and permissions to upload, publish, and distribute the content and that the content does not infringe any third-party intellectual property rights, privacy rights, or any other rights.

14.2 Indemnification: The User agrees to indemnify, defend, and hold CuracaoTodo, its subsidiaries, affiliates, and any of their employees, officers, directors, agents, and partners harmless from any claims, demands, damages, liabilities, costs, and expenses, including but not limited to attorney’s fees, arising out of or in connection with any User-Generated Content uploaded or submitted by the User, including claims related to intellectual property infringement, defamation, privacy violations, or any other legal claims.

14.3 No Liability for User-Generated Content: CuracaoTodo does not assume any responsibility or liability for any User-Generated Content uploaded to the Site by its users. CuracaoTodo does not actively monitor or review User-Generated Content, and the presence of such content on the Site does not constitute an endorsement or approval by CuracaoTodo. In no event shall CuracaoTodo be liable for any damages, losses, or legal consequences arising from User-Generated Content.

14.4 Removal of Content: CuracaoTodo reserves the right, at its sole discretion, to remove or disable access to any User-Generated Content that CuracaoTodo deems to be in violation of these General Terms, the intellectual property rights of others, or applicable laws, without prior notice to the User.

14.5 Featured Content and Promotions: CuracaoTodo reserves the right to display featured content, advertisements, and promotional materials on any page of the Site, including those pages containing User-Generated Content. This featured content may include, but is not limited to, banners, pop-ups, and other forms of advertisements, which may relate to products or services offered by our paying partners, including competitors to the products or services featured in the User-Generated Content. The inclusion of such featured content or advertisements does not imply endorsement by CuracaoTodo or its partners. Users acknowledge that CuracaoTodo may derive revenue from such featured content, which does not affect their ability to publish content on the Site free of charge.

Or read the Algemene Voorwaarden van CuracaoTodo in het Nederlands