Terms Koizoeker / Koigate.nl

Article 1: Definitions
The website: the website www.koigate.nl, managed by Koizoeker, located in Lage Zwaluwe.
Advertisement: a Koigate advertisement placed on the website of a business or advertiser, where koi and / or koi related goods are offered.
Banners and buttons:a place where promotional text and / or logo of an advertiser, including the name, products or services of the advertiser and where a link to the advertiser's website can be included.
Advertising rate: the rate Koigate charges an advertiser to place his advertisement, banner or button on the website.
Advertisement Timeline: period of time that an advertisement, banner or button is displayed on the website. For a new advertisement that is basically 42 days on the designated advertisement page.
For a new banner or button it is one year after signature date of contract.
Advertiser: the person offering koi and / or koi related goods in an advertisement on the website, or the person whose name, products and / or services are being promoted via a banner or button.
User: a person who, in the capacity of advertiser, buyer, or otherwise use the website and the database of advertising on the website.
Personal data: the given user data which are connected to the person, including name and address, email address and bank account number.

Article 2: Applicability
These general conditions apply to the contract between the advertiser and Koigate.

Article 3: Goals of website
3.1 Independent, impartial and accessible to all koi related businesses, associations, forums and hobbyists.
3.2 Koigate brings together advertisers and buyers by managing a website where advertisers of koi, koi related goods can offer their services and buyers can view the ads and can contact advertisers about their offers. Additionally Koigate provides general information on koi, and related matters. Koigate is also in charge of the Nishikigoi election called Koi-idol
3.3 Koigate's services are only accessible to persons legally bound by agreements under Dutch law and are never accessible to minors.
3.4 Koigate is explicitly not party to any agreement resulting from the use of the website established between a seller and a buyer. Disputes between advertisers and buyers should be resolved by themselves. Koigate is expressly excluded from any liability related to such disputes.
3.5 Koigate does not control the quality of services or quality, health or legality of advertised koi or koi related goods or the accuracy of the listings, the ability of advertisers to sell and the power of buyers to buy the koi and koi related goods and services and therefore excludes any liability.
3.6 The advertisement page is mainly intended for private advertisers, not companies.
3.7 Entrepreneurs have the possibility to promote their business/ product on the entire site, as explained in Article 7

Article 4: Terms
4.1 As a user of the website it is not permitted to act in violation of these terms, the general conditions and / or other conditions, as shown on the website.
4.2 The user of the website may not:
• act in contravention of any legislation;
• pass out any false or misleading information;
• act in conflict with any (intellectual property) rights of third parties;
• spread messages containing spam, chain letters or pyramid schemes;
• distribute viruses or other technology on the website which may harm the interests or property of users of the site;
• burden the infrastructure of the website unreasonably or disturb the proper functioning of the website;
• copy, edit, or disseminate any content of third party personal data ;
• harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• take measures to prevent, restrict or circumvent access to the site.
4.3 All intellectual property rights relating to the website, including texts, graphics, design, photos, images, sound material, formats, software, trademarks and domain names are owned by Koigate or its licensors. The user is not allowed in any way to make available to third parties (via deep linking or otherwise) and / or duplication of the (content) website, other than in accordance with the purpose of the website.
4.4 Without prior written permission from Koigate, the user is not permitted to request any substantial part of the contents of the database (s) and / or reuse and / or repeatedly and systematically ask and reuse them within the context of the Database Law. RSS feeds for personal use and / or news or personal blogs for instance, are allowed without permission by Koigate, provided that no more than ten advertisements are shown or no more than 10 advertisements are referenced or linked.
4.5 Koigate reserves the right to exclude a user from any further use of the site if, in the opinion of Koigate, they are in breach of the terms of use, general conditions and / or other conditions. Notwithstanding this Koigate reserves the right to take further legal action against , and to claim damages from user.
4.6 If Koigate has reason to believe that a user in any way infringes on the (intellectual property) of third parties, it is entitled to pass on this user's information, also including the email address to third parties.

Article 5: Placing an advertisement in the classifieds section of the website
5.1 Koigate is responsible for placing the advertisements and website management. The advertisement will include pre-filled search options available on the website. Koigate reserves the right to remove or refuse an advertisement.
5.2 Before an advertisement can be placed, an advertiser is required to register. Also, the advertiser will be asked if he is registering as an individual or on behalf of a company to offer products for sale, or services. The advertiser is obliged to answer this question truthfully.
5.3 By providing the advertisement, the advertiser gives Koigate permission to place the information, including photographs in the advertisement, on the website.
5.4 By placing an advertisement on the website there will be an agreement between the advertiser and Koigate. Koigates rates, (free) user requirements and other conditions contained on the website and the general conditions issued will be accepted by the advertiser by registering.
5.5 To place an advertisement the advertiser must pay Koigate a fee (free). Advertisement fees are displayed on the website. After payment of the amount owed the advertisement will be placed on the website Koizoeker for the period of at least 42 days.
5.6 The advertisement must meet the requirements of Article 6.
5.7 Koigate reserves the right, to refuse advertising, prematurely remove the advertisement, shorten or modify the text and / or hyperlinks, or delete pictures without giving any explanation . Koigate will do so in any case, but not exclusively when violation of the terms and conditions , law or morality have taken place. The advertiser is not entitled to a refund of the advertising rate or compensation in any of these cases.
5.8 If the advertiser requests Koigate to remove the advertisement before the expiry of the term from the website, Koigate will do so. The advertiser is not entitled to reimbursement of (part of) the amount of the advertising rate.
5.9 Seven days prior to the expiration of the advertisement term, the advertiser will receive an email. The advertiser may extend the term at the current advertising rate. In case of extension, the text of the advertisement and asking price will be changed.
5.10 If the advertisement deadline is not extended or if the advertiser does not respond to the email, the advertisement will be removed from the website after seven days.
5.11 This part applies only to an advertiser that is offered free advertising space by Koigate for that purpose.
Free advertising is not applicable for commercial purpose and is only offered on advertising page
This section cancels sections 5.9 and 5.10 and is applied once again when asked for payment services referred to in Article 5

Article 6: Advertisement Content
6.1 The Advertiser shall ensure that the description of the offered koi, product or service corresponds to reality and therefore is correct and complete.
6.2 The information that the advertiser provides in an ad or a subsequent contact must be directly linked to selling the koi product or service.
6.3 The Advertiser shall ensure that the title, text, or picture of the advertisement is not misleading. All titles, texts and pictures not describing or reflecting the koi, koi related goods or services offered will be considered misleading.
6.4 Ads with a referral to another website or competing websites are not allowed. Hyperlinks are not allowed in advertisements.
6.5 It is not allowed to place an advertisement for the purpose of, directly or indirectly promoting a business.
6.6 The advertiser is entitled to place pictures while offering the products. Offering, soliciting or posting photos copyrighted by someone else without their prior consent is not allowed.
6.7Advertiser may not use Texts and / or photographs of a third party without permission from the owner.
6.8 The advertiser will not use protected names or logos of companies in his advertisement, other than the name of the company that is advertising the koi and koi related goods be manufactured or produced.
6.9 Koigate reserves the right to remove any advertisements off of the web site that infringe any intellectual property.
6.10 The advertisements are to be placed in relevant sections by the advertiser. The advertiser is to place the advertisement in the section that is relevant to the products offered by its nature and type.
6.11 The advertiser is solely responsible for the accuracy of the information entered on the product offered. When data is incorrect, or an advertisement is incorrectly placed the advertiser is not entitled to a refund of the advertising rate.
6.12 The advertiser shall make a separate advertisement for each item (the koi or koi related goods) with the exception of the so called 'baby koi’.
6.13 There are ad fields set up for the content of the advertisement to ensure good search capabilities for users. The advertiser is obliged to fill in these fields.
6.14 The advertiser may only compare the offered koi and koi related goods with other similar offers in the so-called "free text”. This, only as long as the offer in no way evokes confusion about the origin of the koi and koi related goods on offer.
6.15 During the term of the advertisement, the koi and / or koi related goods may not be replaced by other koi and / or koi related goods.
6.16 The advertiser is obliged to include a price in the advertisement.
6.17 The advertiser is obliged to make his contact details known, at the very least a phone number or email address.
6.18 The advertiser is not permitted to place advertisements on the site other than
indicated by Koigate.

Article 7: Placement of a banner or button
7.1 Koigate is responsible for the placement and removal of banners and buttons of advertisers on the site.
7.2 The advertiser can request Koigate for placement of a banner or button via email. Koigate will then take up contact with the advertiser via email to confirm receipt. Koigate will then contact the advertiser to go through the details of the placement.
7.3 Once the advertiser and Koigate have reached an agreement as to the placement of a banner or button, Koigate will email the advertiser to confirm the agreement. Koigate will request return of the email as confirmation.
7.4 By agreeing to the conditions as stated in the confirmation e-mail from Koigate, the advertiser authorizes Koigate to use the information contained, including photo and film material in the banner or button on the website. The advertiser therefore agrees with the terms and other provisions as shown on the website as well as the general terms and conditions.
7.5 By placing the banner or button on the website there is now an agreement between the advertiser and Koigate.
7.6 To place an advertisement, the advertiser must pay the tariff to Koigate. The advertisement rates will be given on request or shown via the Web site. The advertiser receives an invoice by email. After payment of the amount, the banner or button will be placed on the website by Koigate for the period of one year after date of contract.
7.7 The banner or button must comply with the conditions laid down in Article 6, with the exception of paragraphs 5, 8 thru 10 and 12 thru 17.
7.8 The advertiser will not use protected names or logos of other companies , only of companies where he/she has the (intellectual property) rights to it.
7.9 Koigate reserves the right to remove banners and buttons from the website that infringe any intellectual property.
7.10 Koigate reserves the right to refuse banners or buttons, to prematurely remove the text, to shorten it or modify and / or remove hyperlinks, or delete pictures without explanation.

Article 8: Payment Terms
8.1 To place an advertisement, or to place a banner or button, the advertiser must pay Koigate. The rates can be requested via the website.
8.2 Koigate must receive payment in full from the advertiser before proceeding to place an advertisement, banner or button . The advertiser receives an invoice by email.
8.3 The advertiser will receive a confirmation e-mail from Koigate once the bill has been paid, and the advertisement, banner or button will then be placed.
8.4 Koigate is entitled to immediately exclude the advertiser the use of the website, if the advertiser acts in contravention of the said payment procedure.
8.5 Koigate is in no way liable for payment or services offered for koi and / or koi related goods between buyers and sellers.
8.6 Under no circumstances will payments received by Koigate be refunded

Article 9: Indemnification
9.1 The Advertiser shall ensure that the advertisement, banner or button and / or the products or services offered therein, do not infringe the rights of third parties, including intellectual property rights, and that it does not conflict with statutory provisions. In addition, the advertiser shall ensure that the advertisement, banner or button is not offensive, obscene, insulting, inaccurate or misleading.
9.2 The advertiser indemnifies Koigate against all claims based on non-compliance with the provisions of the Article
9.3. The advertiser is liable for all costs of defense that Koigate make.

Article 10: Liability
10.1 Koigate is not liable for damages incurred directly or indirectly from the use of the website. Koigate endeavors to secure its systems against loss and / or any form of illegal use. Koigate is not liable for lost data, damage to files, unlawful access to computers or files, viruses spread through advertisements or other illegal programs or files.
10.2 Koigate is not liable for actions of users, the content of the advertisements or the quality, safety or legality of the products offered.
10.3 Koigate makes every effort to ensure that the information provided and supplied in the advertisement is complete and correct. Koigate is nevertheless not liable for inaccuracies and / or carelessness occurred therein.
10.4 Koigate's liability for its obligations under the agreement with the advertiser is limited to the total amount that the advertiser paid for placement of the advertisement, banner or button, or the total payments by the advertiser to Koigate in the twelve months prior to the act by which liability arose, or € 100.00, whichever is higher.

Article 11: Use of Personal Data
11.1 Koigate records the personal information the user submits via the registration form on the website, in its database. Users are responsible for the accuracy of the data provided.
11.2 Koigate is committed to ensuring the privacy of its registered users and therefore conforms to the legal guidelines as laid down in the Data Protection Act.
11.3 Personal data will be used to make payments to Koigate possible and to enable users to make best use of the website.
11.4 Koigate may also use the personal data for marketing, unless the user has indicated any objection when registering on the website. Once the user has given consent for the use of personal data for marketing, the user can easily revoke this permission by changing his personal profile.
11.5 Koigate will not provide personal data to third parties unless this is a technical need and subject to the request of investigators and / or agencies responsible for enforcement in the context of countering the abuse of the website. In the latter case, data on IP addresses will be provided to third parties.
11.6 Koigate is not responsible for how the sites linked to the website, deal with sensitive information.
11.7 Koigate may use cookies or other technical measures to improve the website and / or storage of the used password for the user.
11.8 Any user may submit a written request for access to personal information that has been processed by an e-mail to info@koizoeker.nl.
11.9 The users of the website are only permitted to use personal data obtained through the website for completion of an agreement.

Article 12: References to websites or services of third parties
12.1 The website may contain references and advertisements (eg through a hyperlink, banner or button) to third party websites. These are included for information purposes only and in good faith for the selected target groups of the website. Koigate has no control or influence over these websites and is not responsible for the content or availability.
12.2 If and insofar as using the services of external service, the privacy policies of these service rules apply. Koigate has no control or influence on the services of these providers and is therefore not responsible.

Article 13: Final Provisions
13.1 The agreements between Koigate and advertisers are subject to Dutch law.
13.2 All disputes arising under the contract between the advertiser and Koigate, terms of use, the general conditions, other conditions or violations of intellectual property rights, shall be submitted to the competent court Breda if they cannot be resolved.
13.3 These terms may be changed by Koigate. The amended terms are immediately available on the website and are directly applicable