GetRealLab Terms of Use
These Terms of Use constitute a binding contract between the user and the business offered by GetRealLab for your use of the platform and any related services. This means that the terms and conditions of this contract create obligations between the user and GetRealLab once the user has accepted these terms and conditions.
The user must read these Terms of Use carefully and then accept them by clicking the accept button in order to use the platform. If the user does not accept these Terms of Use, he cannot use the platform.
About GetRealLab
GetRealLab offers users a platform for reaching a deal on any subject. The GetRealLab platform only plays a facilitating role. GetRealLab is not a party and will never be a party to the subject regarding which users are trying to reach a deal between themselves or the outcome of that process. The outcome is either a deal or no deal.
In this agreement, the term ‘deal’ refers to an offer made by a user through the platform (not a dummy offer) and accepted by the other user through his confirmation of acceptance.
The term ‘dummy offer’ refers to a fictitious offer made as part of the platform procedure, i.e. not a real offer.
The term ‘deal display’ refers to a digital document outlining the substance of the deal, which document is provided by GetRealLab to the users concerned after they have reached a deal.
For the avoidance of doubt, ‘GetRealLab’ refers to the party operating the GetRealLab platform (hereinafter: the platform). The company The Opportunity Chest B.V. is registered with the Chamber of Commerce under no. 74374508 and has its place of business at J.A.Kalfflaan 21, 1222NZ, Hilversum. Users may contact GetRealLab at Info@GetRealLab.com
The terms ‘user’ and ‘offeror’ refer to either a visitor or a user of the GetRealLab platform.
1. Applicability
1.1 These Terms of Use apply to the use of the platform and to any related services. By creating an account, the user agrees to be bound by and to comply with the Terms of Use of the platform (hereinafter: ‘Terms of Use’).
1.2 The applicability to GetRealLab of any user’s terms of use is excluded.
1.3 GetRealLab may change these Terms of Use at any time. GetRealLab will announce such amendments or additions on the platform at least 30 (thirty) days before their effective date, in order to bring them to the users’ attention.
1.4 Following amendment of these Terms of Use, only the amended Terms of Use apply and the old ones are cancelled. If a user prefers not to accept an amendment or addition, the user may terminate the contract until the date that these changes take effect. Use of the platform and service after the effective date constitutes acceptance of the amended or supplemented Terms of Use.
2. GetRealLab services
2.1 GetRealLab will perform its services with care and to the best of its ability, if applicable in accordance with the contracts and procedures agreed with the user.
2.2 All of GetRealLab’s services are performed on the basis of a best efforts obligation, unless and except to the extent that GetRealLab expressly promised a result and that result has been defined in sufficiently specific terms.
3. Conditions for using the platform
3.1 Users must first register in order to use the platform. Once the user’s registration has been completed, the user can immediately log in to his account and use the service.
3.2 The user has a responsibility to prevent unauthorised access to his account. In particular, the user must keep his user name and password strictly confidential. The user is personally responsible for the level of security of his password.
3.3 GetRealLab may trust that all acts performed from an account after login with a user name and password are performed under the user’s direction and supervision. The user is liable for these acts, unless the user has informed GetRealLab that an unauthorised party knows the password. GetRealLab is not liable for any misuse of user names and passwords and may trust that the user logs in using his own user name and password. Once the user knows or has reason to suspect that user names and/or passwords have come into the possession of any unauthorised parties, the user must immediately notify GetRealLab accordingly, either in writing or by electronic means, without prejudice to his own obligation to immediately take effective measures of his own.
3.4 The user is obliged to take measures to prevent improper use of user names and passwords. The user acknowledges and agrees that improper use of user names and passwords could result in damage for GetRealLab. In that case, GetRealLab will have the right to take legal action against the user and/or to claim damages from the user.
3.5 GetRealLab does not check the data entered by users on the platform for appropriateness, infringement of copyrights, trademarks or other rights, or other infringements. GetRealLab asks users to report (demonstrable) violations. Reported violations may be deleted or disabled.
3.6 The platform is offered only to users aged 16 or over, unless this is in breach of applicable law in the user’s country of residence.
3.7 The user declares that all data provided by him to GetRealLab are complete and accurate and agrees to keep the user data up to date at all times. The user warrants that he will inform GetRealLab without delay of any changes to these user data.
3.8 If users have reached a deal, the deal will be marked as completed once both users have confirmed compliance with the deal. The users will receive a deal display in confirmation of this.
3.9 The user must invite the other party using an email address or telephone number. GetRealLab is not responsible for performing an identity check in respect of the personal data provided by the user, and will not do so. The user is exclusively responsible for establishing and checking the other party’s identity where necessary.
4. Compliance between users
4.1 GetRealLab is not responsible for users’ compliance with the deal.
4.2 If a user does not comply with the deal, the legal remedies available to users may be used for dispute settlement.
4.3 GetRealLab can only make the deal display available to the users once they have reached a deal. GetRealLab refrains from giving an opinion on the legal validity of any deal between users.
4.4 The user acknowledges and accepts that GetRealLab is entitled to adjust the user’s reputation score if the user does not comply with a deal reached with another user.
5. Rules of conduct
5.1 GetRealLab expects users to behave properly towards other users at all times. In particular, users must provide only information and data via the platform that are not false or misleading, with the exception of dummy offers. Users are not permitted:
• To use the platform for acts that are in breach of Dutch or other applicable laws and regulations and that may harm the reputation and objectives of the platform. This includes using the platform to save or disseminate information that is defamatory, libellous, racist or contrary to public morals or public policy;
• To use the platform in ways that may harm or adversely affect its performance, availability or accessibility;
• To use the platform in ways that are unlawful, illegal or fraudulent;
• To collect data from GetRealLab for direct marketing activities;
• To collect data from GetRealLab in order to contact individuals or organisations.
5.2 In addition, during use of the platform it is prohibited:
• To use bad language;
• To disseminate information that is pornographic or erotic (even if this is legally permitted);
• To disseminate information that infringes the rights of others, including intellectual property rights;
• To help others violate the rights of third parties, for example by providing links to hacking tools or information about cybercrime that is manifestly intended to enable readers to commit (or induce others to commit) the criminal acts described rather than protect them against such criminal acts;
• To violate the privacy of third parties, for example by disseminating third parties’ personal data without consent or necessity or by repeatedly harassing third parties through unwanted communications;
• To send files that contain viruses, exhibit technical defects and harm the performance of computers, servers, etc.;
• To engage in hacking, executing DDoS attacks or otherwise obtaining unauthorised access to computer systems, accounts, networks and/or data of GetRealLab or third parties, whether or not by automated means (for example by means of a scrape, crawl or spider);
• To approach users in any way in order to promote, sell or advertise products or services of any nature whatsoever;
• To commit, bring about or facilitate criminal acts;
• To disseminate unsolicited information, including advertising statements and other communications (spamming);
• To disregard the rules of netiquette.
5.3 When using the platform, the user must furthermore observe the following rules of play:
• When making a new offer, the offeror must withdraw all other (irrelevant) offers, with the exception of dummy offers;
• Every user may use only one account;
• The offeror is responsible for making a clear, unambiguous offer;
• When offering a service, the offeror undertakes to obtain sufficient authorisations, rights and/or licences to offer, sell or resell the services offered on the platform;
• In principle, it is permitted to make multiple offers, provided that the offeror is able to comply with these offers.
5.4 The user confirms that he has obtained all necessary consent from third parties whose data and/or content is shared by him via the platform and indemnifies GetRealLab against any and all legal actions brought by third parties in connection with the unlawful dissemination of third-party content or unlawful use of the platform.
5.5 GetRealLab is in no way responsible for the user’s improper use of the platform. If certain user conduct jeopardises the performance of the platform or is in breach of these Terms of Use and/or the law, GetRealLab will be entitled – after a first formal warning followed by a written reminder – to deny the user access to GetRealLab, or to block his access, for a particular period of time or indefinitely. The provisions of the previous sentence apply without prejudice to any other rights that GetRealLab may have under the Terms of Use or by law.
5.6 GetRealLab does not check the data provided by users. If GetRealLab receives complaints from users or requests from competent authorities regarding these data, GetRealLab will take appropriate measures as referred to in paragraph 5 of this Article.
5.7 GetRealLab will be entitled at all times to report criminal acts that have come to its attention.
5.8 GetRealLab may recover the damage resulting from any breaches of these Terms of Use from the user. The user indemnifies GetRealLab against any and all third-party claims related to the information posted by the user.
6. Term and termination
6.1 If and to the extent that the contract concluded between GetRealLab and the user is a continuing performance contract, the contract is entered into for the term agreed between GetRealLab and the user, absent which the contract will be effective indefinitely.
6.2 The user is entitled to terminate the contract with GetRealLab in writing (including by email) with immediate effect at any time.
6.3 If the user is a consumer, if consumers have a right of withdrawal under the statutory regime applicable to the user and if no payment is owed to GetRealLab with regard to the contract, the contract does not qualify as a distance service agreement within the meaning of Article 6:230g(1)(d) of the Dutch Civil Code. The user hereby acknowledges and accepts that the right of withdrawal cannot be invoked.
6.4 If the user is a consumer, if consumers have a right of withdrawal under the statutory regime applicable to the user and if a payment has been made with regard to the contract with GetRealLab, this contract qualifies as a distance service agreement. However, the user acknowledges and accepts that the right of withdrawal cannot be invoked, since the agreed software applications constitute a delivery of digital content not supplied on a material carrier.
6.5 Without prejudice to the other provisions in this Article, any termination of the contract between GetRealLab and the user will not affect the legal validity of the deal made between users themselves.
6.6 The user will not be entitled to a cooling-off period when using the platform in the course of his profession or business.
6.7 All rights and licences granted to the user will end immediately upon termination or expiry of the contract between GetRealLab and the user.
6.8 All user data will be deleted after termination of the contract between GetRealLab and the user, except for the user’s deal results and reputation score.
7. Price and payment
7.1 If a payment has been agreed for the performance of the contract, payment will be made on time in the manner specified in the invoice. The user will owe the price agreed between the parties.
7.2 All prices stated by GetRealLab depend on the currency agreed upon by the parties.
8. Intellectual property rights
8.1 All intellectual property rights with regard to the platform, including the software, texts, photographs and/or images, are held by GetRealLab and/or its licensors. GetRealLab grants the user a non-exclusive, non-transferable licence for access to and normal use of the platform in accordance with these Terms of Use, without any right to receive a copy of the platform in any form. The only purpose of this licence is to enable the user to use the platform within the limits of and in accordance with these Terms of Use and/or any other applicable rules. By using the platform, the user accepts to be bound by these Terms of Use.
8.2 The proprietary rights (including intellectual property rights) to the data provided by the user are held by the user or the party or parties entitled to those data, including the data that are based on or derived from the user’s data and were supplied to the user for the performance of the services.
8.3 The user must notify GetRealLab if he believes that his intellectual property rights are being infringed by means of the content made public through the platform.
8.4 GetRealLab may not be copied or used in any way without separate written consent from GetRealLab, except in cases in which this is legally permitted.
8.5 Information published or saved by the user on the platform is and remains the property of the user concerned (or his suppliers). GetRealLab has a limited right to use this information for the platform.
8.6 The user may withdraw this right of use by deleting the information concerned and/or by terminating the contract.
8.7 If the user sends information to GetRealLab, for example feedback about a mistake or a suggestion for improvement, the user grants GetRealLab an unlimited and perpetual right to use this information for the platform. This does not apply to information expressly marked as confidential by the user.
8.8 It is forbidden for the user to reverse engineer, decompile or in any other way modify the platform made available into a human-readable format, except where expressly permitted under mandatory law. Nor is it permitted to remove or circumvent any of the platform’s security measures or technical restrictions on use.
8.9 The right to use the platform does not entail any right whatsoever with regard to the original source code. All techniques, algorithms and procedures incorporated into the platform as well as the respective documentation are considered proprietary information and are the exclusive property of GetRealLab or its licensors.
9. Privacy
9.1 GetRealLab registers, retains and processes personal data that are necessary for the execution of the platform. All personal data are stored in accordance with the provisions of the General Data Protection Regulation (GDPR). The processing of personal data is furthermore governed by the GetRealLab Privacy Statement.
9.2 If necessary for the performance of the contract, and if so requested, GetRealLab will inform the user in writing of how GetRealLab implements its obligations under data protection legislation.
9.3 The user acknowledges and accepts that personal data may be provided through his use of the platform. It is the user’s own responsibility to assess whether the provision of personal data through GetRealLab is permitted under the GDPR. The user will take precautionary measures to minimise the processing of personal data, for example by anonymising or pseudonymising the personal data.
9.4 The users choose what information to save and/or exchange by means of the platform. GetRealLab has no knowledge of that information. The user warrants to GetRealLab that the content, use and/or processing of the data is/are not unlawful and does/do not infringe any third-party rights. The user indemnifies GetRealLab against any and all third-party claims of whatever nature in relation to these data or the performance of the contract.
9.5 The user indemnifies GetRealLab against any and all claims of persons whose personal data have been registered or are processed in the context of processing carried out by the user or under the user’s responsibility, unless the user proves that the facts underlying the claim are attributable to GetRealLab.
10. Guarantees and maintenance
10.1 GetRealLab is not responsible for the content and quality of the data entered by users and offers no guarantee regarding delivery and communication between users.
10.2 GetRealLab will endeavour to keep the platform available to users without interruption. Availability includes the actual provision of the platform and software on the server. Availability expressly does not include the existence of a functioning point-to-point connection between the user’s systems and the server, as GetRealLab has no control over the user’s systems and the intermediate internet infrastructure.
10.3 The platform, the content and all services obtained through the platform will be delivered as is, as available, without any express or implicit guarantees. GetRealLab offers no guarantees whatsoever regarding the completeness, security, reliability, quality, accuracy or availability of the platform. In particular, there is no guarantee that the services offered will meet the user’s specific objectives. The user uses the platform at his own risk and responsibility. The foregoing will not affect the guarantees that cannot be excluded or limited under applicable law.
10.4 GetRealLab will endeavour to remedy any errors in the platform within a reasonable period as far as the platform developed by GetRealLab is concerned and the relevant errors have been reported by the user in detail in writing. The user can demonstrate the error and the relevant error can be reproduced. The user will cooperate fully with GetRealLab as may be reasonably necessary to restore the service. However, GetRealLab cannot guarantee that all errors will be remedied.
10.5 In the event that the relevant error is not related to the platform but to (I) improper use, (II) user errors or (III) external causes, GetRealLab will charge the costs incurred for the failure investigation and maintenance to the user in accordance with the prices and rates applied by GetRealLab.
10.6 GetRealLab reserves the right to temporarily take the platform out of service for the purposes of maintenance, modification or improvement of GetRealLab’s computer systems or functionalities. GetRealLab will ensure that such periods of inactivity will take place outside office hours where possible and will inform the user of the scheduled period of inactivity well in advance.
11. Support
11.1 GetRealLab may provide telephone and/or email support for use of the platform. While GetRealLab will endeavour to answer questions adequately, it cannot vouch for the accuracy and/or completeness of the answers.
12. Liability
12.1 To the extent permitted by applicable law, GetRealLab will not be liable for any damage ensuing from or related to the use of GetRealLab or any other contract or legal relationship with GetRealLab.
12.2 The user indemnifies GetRealLab against any and all third-party claims and actions ensuing from the content provided by the user, use of the platform, the user’s breach of these Terms of Use or any infringement of third-party rights.
12.3 To the extent permitted by applicable law, GetRealLab will only be liable for damage to the user or third parties caused by wilful conduct or gross negligence if this damage is the direct consequence of GetRealLab’s actions. GetRealLab will therefore not be liable for:
• losses that do not ensue directly from GetRealLab’s non-compliance with the Terms of Use and the agreement;
• indirect damage that the user may incur, such as, without limitation, trading losses, loss of revenue, loss of income, loss of profits or lost savings, loss of contracts or business clients, or loss of reputation or goodwill;
• loss or damage as a result of platform interruptions or failures due to force majeure or unforeseen circumstances beyond GetRealLab’s control, such as, without limitation, defects or failures of telephone or electricity lines, the internet and/or other means of transmission, website downtime, strikes, acts of God, viruses and cyber attacks, and interruptions in the supply of products, services or applications of third parties; and
• improper use of the platform by the user or third parties.
13. Confidentiality
13.1 If and to the extent that a party becomes aware of the other party’s confidential information during the performance of the contract, this recipient will use this information only for the performance of the contract and limit access to that information to persons who need to be aware of it for that purpose. This does not apply to GetRealLab if and to the extent that the provision of the data concerned to a third party is necessary under a court judgment or a legal requirement or for the proper performance of the contract by GetRealLab. Data are at any rate considered confidential if marked as such by GetRealLab or the user. The parties will always observe confidentiality when handling personal data.
13.2 Confidential information does not include information that was already in the public domain when the other party became aware of it, or that became public thereafter, or information that the recipient received from a third party as well without any obligation of confidentiality being imposed on that occasion or this third party being under any obligation to do so. Confidential GetRealLab information includes all non-public information regarding the properties, functionality and performance of the services. Confidential user information includes all information received by GetRealLab from the user for the purpose of performing the services.
14. Force majeure
14.1 GetRealLab and the user are not required to comply with one or more obligations under these Terms of Use if they are prevented from doing so by force majeure.
14.2 If GetRealLab or the user is hit by an event of force majeure, the party concerned will notify the other party accordingly as soon as possible, but no later than the time at which performance is to be executed.
15. Legal validity of Terms of Use
15.1 All of the above terms and conditions apply to all legal acts of the user, as well as to the contract concluded between the user and GetRealLab, except if and to the extent that any provision conflicts with provisions of mandatory law in any legal system.
15.2 If any provision of these terms and conditions is null and void or is declared invalid, the other provisions of these Terms of Use will remain in full force and effect. The void or unenforceable part will be replaced by GetRealLab by a provision that reflects the intentions of that original provision insofar as legally permitted.
16. Choice of forum and dispute resolution
16.1 Unless expressly agreed otherwise, all contracts that are subject to these Terms of Use are governed by Dutch law. Any disputes that may arise under the present Terms of Use or any subsequent contracts resulting therefrom will be exclusively adjudicated by the competent court of Midden-Nederland, except if provisions of mandatory law provide otherwise.