Seng Terms & Conditions
Last Updated Date: 6 July 2021
Acceptance of Terms
Welcome to $€NG or SENG, owned and operated by Marlin Yard Foundation. In these Terms, “you” and “your” refer to the individual that uses the Service. “We”, “us”, or “our” also refer to SENG.
YOU UNDERSTAND AND AGREE THAT SENG IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS, AND THAT SENG IS NOT A BANK, A MONEY SERVICES BUSINESS, A MONEY TRANSMITTER, OR AN ISSUER OF STORED VALUE PRODUCTS. SENG AND THE SERVICE ENABLE USERS TO COMMUNICATE DIRECTLY AND TO SHARE FUNDS AMONG THEMSELVES. SENG HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SERVICE, ANY INFORMATION EXCHANGED BETWEEN USERS, OR ANY SHARING DECISIONS BY OR AMONG USERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
SENG hereby disclaims any conditions, warranties, or other terms relating to the Service, any User of the Service, or any information supplied under these Terms and in respect of the Service. SENG does not warrant and makes no representations (i) that the operation of the Service will be error-free or uninterrupted, and (ii) about any content or information provided or made accessible by or through SENG or the Service. You are solely responsible for the investigation and confirmation of any and all information provided through or by SENG and/or the Service in respect of any other user of SENG.
“SENG” means two or more Users who form a group to use the Service to share funds between and among all Users in the same group.
“Content” means text, graphics, images, music, software, audio, video, information and/or other materials.
“User” means a person who successfully completes SENG’s registration process and receives a SENG Credit Score.
How to Join the Service
The Service consists of an online platform, process and service that allows Users to participate in one or more SENG Money Saving Pools within which they can share money with other Users in that SENG money saving pool. To become a User and access the Service, you must: (a) successfully complete the online registration process at the mobile application, (b) agree to our review of your financial information so that we can assign your tiered participation level (your “SENG Credit Score”), and (c) connect your personal bank or other payment method to the Service.
Your application includes your authorization of and consent to SENG’s investigation of you and your credit history at registration and from time to time thereafter, specifically including but not limited to making inquiries to credit reporting agencies or credit grantors, so that SENG may provide you with the Services and assign you a SENG Credit Score. [SENG Credit Score will assign Users with an in-app score.] After successful registration and creation of a SENG Credit Score, Users will be able to create or participate in SENG. You hereby agree to the sharing by SENG of your SENG Credit Score with other SENG Users. You may be allowed to view some Content without registration; however, if you wish to fully access the Service, you must first successfully register and become a User.
How the Service Works
Money is shared by and between all Users who have joined a SENG money saving pool. Within a SENG pool, every member contributes the same amount in instalments over the life-time of the SENG money saving pool, and every member of SENG withdraws the same amount but at different times. The instalment payments remain consistent over the life-time of the SENG pool, and all instalment payments are distributed to one member of the SENG pool once the money from all SENG members is received by SENG (less SENG’s Service Fee).
The following illustrative example shows how SENG works. Sharing within a SENG money saving pool happens according to a User’s “Position” in the SENG money saving pool – which is the time when each User will receive their payment from the SENG pool. For example, if a User enters a SENG money saving pool in the US Dollar currency with 12 members and positions, the SENG money saving pool is set for a 12 month period, and each SENG member is required to pay a membership fee of US$ 25 and %100 of the set money saving amount, then the total amount contributed by each member over the 12 month period shall amount to US$1,225.
SENG Private money saving pool
Private SENG money saving pools may be formed by any User. A User forming a SENG Private money pool determines the three key characteristics of SENG: (1) the amount to be shared by each User who joins SENG in total; (2) the period of the SENG money saving pool (it’s life-time); (3) and how many Users and Positions there are in the SENG money saving pool (one position per User). Accordingly, the SENG Private money saving pool creator invites members to join their SENG Private money saving pool. Private and public SENG money savings pools have no “Payment Guarantee”.
SENG Public money saving pool
Public SENG money saving pools are accessible to any user with the appropriate SENG Credit Score and Available Limit. SENG creates the SENG Public money saving pools and participation is contingent to the User’s ability to meet the required Score and Limit. SENG assigns each User a maximum amount they can commit to in their SENG money saving pool based on their SENG Credit Score (their “Credit Limit”). A User’s Credit Limit may change frequently based on numerous factors. You hereby agree to SENG’s classification of your SENG Credit Score and your ability to meet the required Score and Limit at SENG’s sole and absolute discretion. Failure to contribute funds to a SENG money saving pool at the time and in the amounts that a User agreed to do will subject a User to limited or restricted access to the Service, including preclusion of joining more SENG money saving pools or receiving shared funds distributions from any SENG money saving pool that a User has previously joined. A User’s failure to meet his or her SENG contribution commitments for more than ten (10) days past the original due date will entitle SENG and SENG will not, under any circumstance, be required to pay back any User for any amount owed to such User from any other User irrespective of the nature in which such amounts arise. You hereby take full risk and responsibility for you involvement in SENG and the Services.
Each User who joins a SENG money savings pool pays upfront the joining fee of Twenty five Euros (€25) or US Dollars ($25) or Guilders (ANG 25) or Florins (AWG 25) for each joined money savings pool. This joining fee applies when joining a public and or private SENG money savings pool in a chosen currency and is valid per money saving cycle of six (6), ten (10) and twelve (12) months. Accepted payment methods as may be listed in US Dollars or Euro or Antillean Guilders or Aruban Florins (as the case may be). Except as otherwise provided herein, Joining Fees are non-refundable. You hereby agree, and permit SENG (at its sole discretion), to deduct and/or set off the Joining Fee from any amounts owed to you by any other User or from the SENG money saving pool directly.
When participating the SENG money savings pools in exchange for providing the Service, SENG receives from each User who receives shared funds from SENG a fee (the “Service Fee”) equal to a set percentage of the shared amount. The exact Service Fee amount will be set for each SENG money saving pool upon creation and will range from 1% to 7% of the shared funds. Service Fees are required to help cover transaction costs and will be deducted from funds at the time that they transmitted to the User. After deducting the applicable Service Fee, SENG will remit the balance of the shared funds to the User via its accepted payment methods as may be listed on the Service, in Euro or US Dollars or Antillean Guilders or Aruban Florins (as the case may be). Except as otherwise provided herein, Service Fees are non-refundable. You hereby agree, and permit SENG (at its sole discretion), to deduct and/or set off the Service Fee from any amounts owed to you by any other User or from the SENG money saving pool directly.
Financial Terms Information
By entering into these Terms, you also agree to the terms and conditions of SENG, our banking software and payment processing provider. By entering these Terms, you are also authorizing SENG (or its third-party payment processor) to debit the bank account you associated with your User Account for all amounts that you agree to contribute to SENG, and to withdraw any Service Fees. Fund transfers are done electronically and may occur immediately after being authorized (or when a User becomes in default of a contribution that is due). In order to become a User and participate in SENG money saving pools, you understand and agree that SENG reserves the right, in its sole discretion, to obtain a pre-authorization of your banking account in order to verify your account and relevant account balance. Please note that SENG cannot control any fees that may be charged to a User by his or her bank related to transfers or otherwise, and SENG disclaims, to the extent legally permitted, any and all liability in this regard.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. SENG cannot and does not offer Tax-related advice to any User. “Tax” or “Taxes” mean any sales taxes, Value Added Taxes (VAT), Goods and Service Taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes applicable in the Kingdom of the Netherlands (“Netherlands”) and your jurisdiction.
Eligibility; Account Information
The Services are intended solely for persons who are 18 years of age or older and you are legally able to enter into a contract. By accessing or using the Service you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are not legally prohibited from receiving or using the Service under the laws of the country in which you access or use the Service.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SENG reserves the right to suspend or terminate your account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You will immediately notify SENG of any unauthorized use of your User Account. SENG assumes no responsibility for User Content, User account information, or for any User’s compliance with any applicable laws, rules and regulations.
SENG’s role is solely to facilitate the availability of the Service and to provide support related thereto. SENG does not provide and is not responsible for User Content or SENG private saving money pools. SENG does not verify Users’ information, review or approve SENG, participate in SENG (unless in specific circumstances at SENG’s sole discretion), or provide any promises, warranties or guarantees regarding SENG. You acknowledge that SENG will not be liable for any loss or damage related to your participation in any SENG money saving pools. SENG does not refer or endorse or recommend particular Users or SENG money savings pools. You acknowledge and agree that you, as a User, are responsible for your own acts and omissions.
User Affirmations, Conduct and Use
By submitting the User registration form, you represent, warrant and agree to the following:
- You are at least 18 years of age, are authorized to submit a User registration, and are authorized to sign your User registration form.
- You are solely and fully liable for all Content, conduct, postings and transmissions that are made under your username and password.
- You either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to SENG the rights in such User Content, as contemplated under these Terms.
- You are solely responsible for reviewing, evaluating, and participation in any SENG service.
SENG is not involved in any transactions between Users or SENG Money saving pools (unless in specific circumstances at SENG’s sole discretion).
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service and Content.
Neither your User Content, nor your posting, uploading, publication, submission or transmittal of the User Content or SENG’s use of the User Content (or any portion thereof) on, through or by means of the Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By using the Service, you represent, warrant and agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations.
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other Service contained in the Service or Content.
- use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
- copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms.
- interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card or bank account numbers.
- use the Service in connection with the distribution of unsolicited commercial email (“spam”) or advertisements.
- “stalk” or harass any other User of the Service or collect or store any personally identifiable information about any other User other than for purposes of using the Service as intended.
- recruit or otherwise solicit any other User to join third party services or websites that are competitive to SENG, without SENG’s prior written approval.
- impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- use automated scripts to collect information or otherwise interact with the Service.
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
- use, display, mirror or frame the Service, SENG’s name, any SENG trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without SENG’s express written consent.
- access, tamper with, or use non-public areas of the Service, SENG’s computer systems, or the technical delivery systems of the Service or any third-party provider system.
- attempt to probe, scan, or test the vulnerability of any SENG system or network or breach any security or authentication measures.
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SENG or any of SENG’s providers or any other third party (including another user) to protect the Service or Content.
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information.
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content.
- advocate, encourage, or assist any third party in doing any of the foregoing.
SENG has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SENG may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that SENG has no obligation to monitor your access to or use of the Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Service is licensed and not sold. The Service and Content are protected by copyright, trademark, and other laws of the Netherlands, the Kingdom of the Netherlands and foreign countries. You acknowledge and agree that the Service and Content, including all associated intellectual property rights, are the exclusive property of SENG and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of SENG used herein are trademarks or registered trademarks of SENG. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
License to the Service
Subject to your compliance with these Terms, SENG grants you a limited, personal, non-exclusive, revocable, non-transferable license, to (i) electronically access and use the Service solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SENG or its licensors, except for the licenses and rights expressly granted in these Terms.
License Grant to SENG
By making available any User Content on or through the Service, you hereby grant to SENG a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit such User Content on, through, or by means of the Service as currently exist or may be developed in the future. SENG does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
The Service may contain links to third-party websites or resources. You acknowledge and agree that SENG is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or Service on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SENG of such websites or resources or the content, products, or Service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Service on or available from such websites or resources.
SENG may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Service. By clicking on the advertisements, the User may be shifted to a Web site of the advertiser or receive other messages, information, or offers from the advertiser. Users acknowledge and agree that SENG is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.
Termination and User Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your User account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you (in our sole discretion), and which we are legally obligated to pay you. In the event SENG terminates these Terms, or your access to our Service or deactivates or cancels your User account you will remain liable for all amounts due hereunder. You may cancel your User account at any time by contacting SENG. Please note that if your User account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Service, including, but not limited to, any reviews or feedback.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SENG DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE ANY STATEMENT, OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR CONTENT PROVIDED BY ANY USER. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY USER; (B) ANY SENG SERVICE; OR (C) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY SENG CONTENT OR ANYTHING OTHERWISE CONTAINED IN OR MADE AVAILABLE ON THE SERVICE OR ANY OTHER FORUM.
THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SENG EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SENG MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SENG MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU INTERACT OR COMMUNICATE WITH AS A RESULT OF YOUR USE OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD SENG HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SERVICE.
SENG WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN USERS PARTICIPATING IN ONE OF SENGS SERVICES. USERS WILL BE SOLELY RESPONSIBLE FOR THEIR PARTICIPATION IN ANY JOINED SENG MONEY SAVING POOL OR AGREEMENTS MADE WITH ANOTHER USER.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT, OR SENG REMAINS WITH YOU. NEITHER SENG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, FROM PARTICIPATION IN ANY SENG SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENG HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL SENG AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FROM SENG, ANY CONTENT, OR ANY INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID TO SENG AS SERVICE FEES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EURO (€100) OR US DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENG AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold SENG and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Service, SENG, or Content; (b) your violation of these Terms; (c) your User Content; (d) your (i) interaction with any User, (ii) reliance on any information exchanged via the Service, or (iii) creation of a Profile; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that you or your Content caused damage to a third party. SENG shall have the right to control all defence and settlement activities.
You may not assign or transfer these Terms, by operation of law or otherwise, without SENG’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SENG may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SENG (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
You agree that (i) the Service shall be deemed solely based in the Kingdom of The Netherlands, Belgium and Surinam, and (ii) the Service shall be deemed a passive mobile application that does not give rise to personal jurisdiction over SENG, either specific or general, in jurisdictions other than the Kingdom of The Netherlands, Belgium and Surinam. These Terms shall be governed by the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. You and we agree to submit to the exclusive and personal jurisdiction of a state court located in the Netherlands for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.
YOU AND SENG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
Dispute Resolution Provision
You and SENG agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Service (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and SENG are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and SENG otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the Netherlands Arbitration Law (the “Rules”).
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Netherlands and will be selected by the parties. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then Chairman of the Chamber of Commerce will appoint the arbitrator in accordance with the Rules.
Arbitration Location and Procedure: Unless you and SENG otherwise agree, the arbitration will be conducted in the Netherlands. If your claim does not exceed five thousand Euro (€5000,-) then the arbitration will be conducted solely on the basis of documents you and SENG submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds five thousand Euro (€5000,-) your right to a hearing will be determined by the Rules. Subject to the Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees: Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Rules.
No Class Action: YOU AND SENG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Changes: Notwithstanding the provisions of the “Modification” section below, if SENG amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to SENG@marlinyard.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of SENG’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SENG in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Enforceability: If the “No Class Action” section of this Dispute Resolution Provision is found to be unenforceable, or if the entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.
SENG makes no claim that the Service, or Content are appropriate or may be accessed, used or downloaded outside of the Netherlands. If you access the Service or Content from a location outside of the Netherlands, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site, Application and Service. You may submit feedback by emailing us at SENG@marlinyard.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of SENG and you hereby irrevocably assign to SENG and agree to irrevocably assign to SENG all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At SENG’s request and expense, you will execute documents and take such further acts as SENG may reasonably request to assist SENG to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If you feel any User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you agree to immediately report such person to the appropriate authorities and to SENG.
The failure of SENG to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SENG. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Certain parts of the Service may have different or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific part of the Service, the latter terms and conditions will take precedence.
SENG reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Service or to modify these Terms, including any Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application; however, we reserve the right to make any such changes effective immediately to maintain the security of our Service of to comply with any laws or regulations. We will update the “Last Updated Date” at the top of these Terms.
Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User thirty (30) days after notice to the User is provided via email from SENG@marlinyard.org to your email address on file with SENG. You agree to keep your email address on file with SENG up to date. By continuing to access or use the Service after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
These Terms constitute the entire and exclusive understanding and agreement between SENG and you regarding the Service, Content made via the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SENG and you regarding the same.
Disclaimer: The original, legally binding version of this document is written in English. If this document is translated into other languages, there may be discrepancies between the English version and a translated version. If so, the English version supersedes the translated version.