Thanks for your interest in our terms of service. This is important stuff.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, PROVIDERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO PROVIDE CERTAIN SERVICES TO PAYING CUSTOMERS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, PROVIDERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A SERVICE OR ACCEPTING CUSTOMERS. CERTAIN TYPES OF SERVICES MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. PROVIDERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON GLEMMA.
Glemma provides an online platform that connects providers who provide a service to consumers who wish to receive the service (collectively, the “Platforms”), which is accessible at www.glemma.nl and any other websites through which Glemma makes the Platform available (collectively, the “Site”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).
These Terms of Service are between you and Glemma. (Glemma is hereinafter referred to as “Glemma”, “we”, “us”, or “our”).
“Service” means the services that are provided by the providers
“Glemma Content” means all Content that Glemma makes available through the Platform, Sites, Application, Service Providers, Consumers, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a booking is requested by a Consumer (as determined by Glemma in its sole discretion), within which a Provider may decide whether to confirm or reject that booking request, as stated on the Site, Application or Platforms. Different Booking Request Periods may apply in different places.
“Collective Content" means Member Content and Glemma Content.
“Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Consumer" means a Member who requests from a Provider a booking of a Listing via the Site, Application or Platforms, or a Member who receives a service.
“Provider" means a Member who creates a Listing via the Site, Application or Platforms.
“Listing" means a Service that is listed by a Provider as available via the Site, Application, or Platforms.
“Member" means a person who completes Glemma’s account registration process, including but not limited to Providers and Consumers, as described under “Account Registration” below.
“Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Glemma promotional campaign to be made available through the Site, Application or Platforms.
“Tax“ or ”Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), or any other taxes that Service Providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
By using the Site, Application or Platforms, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Platforms. These Terms govern your access to and use of the Site, Application and Platforms and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Glemma.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Platforms or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Platform, Application, Platforms, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Platform, Application, Platforms, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Platforms. Failure to use the Site, Application or Platforms in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROVIDERS MAY CREATE LISTINGS FOR SERVICES AND CONSUMERS MAY LEARN ABOUT AND BOOK SERVICES DIRECTLY WITH THE PROVIDERS. YOU UNDERSTAND AND AGREE THAT GLEMMA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND CONSUMERS, NOR IS GLEMMA A AGENT OR INSURER. GLEMMA HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, CONSUMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR WHILE PROVIDING OR RECEIVING THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON GLEMMA, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH GLEMMA IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF GLEMMA FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF GLEMMA. GLEMMA DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF GLEMMA, INCLUDING BY INAPPROPRIATELY USING ANY GLEMMA INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR PLATFORMS OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE PLATFORMS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND MAKE USE OF OUR PLATFORMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE Platform, Application, Platforms, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Glemma reserves the right, at its sole discretion, to modify the Site, Application or Platforms or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site, Application or Platforms after we have posted a modification on the Site or via the Application 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 Site, Application and Platforms.
The Site, Application and Platforms are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Platforms by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Platforms you represent and warrant that you are 18 or older.
Glemma may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Glemma’s vendors.
The Site, Application and Platforms can be used to facilitate the listing and booking of Services. Such services are included in Listings on the Site, Application and Platforms by Providers. You may view services as an unregistered visitor to the Site, Application and Platforms; however, if you wish to book a service or create a Listing, you must first register to create an Glemma Account (defined below).
As stated above, Glemma makes available an online platform or marketplace with related technology for Consumers and Providers to meet online and arrange for bookings of Services directly with each other. Glemma is not an owner or operator of these Services. Unless explicitly specified otherwise in the Glemma platform, Glemma’s responsibilities are limited to facilitating the availability of the Site, Application and Platforms.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND PLATFORMS ARE INTENDED TO BE USED TO FACILITATE PROVIDERS AND CONSUMERS CONNECTING AND BOOKING SERVICES DIRECTLY WITH EACH OTHER. GLEMMA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, SERVICE QUALITY LEVEL, LEGALITY OR SUITABILITY OF ANY SERVICES. GLEMMA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to book A Service or create a Listing, you must register to create an account (“Glemma Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Platforms, you may link your Glemma Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Glemma through the Site, Platforms or Application; or (ii) allowing Glemma to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Glemma and/or grant Glemma access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Glemma to pay any fees or making Glemma subject to any usage limitations imposed by such third-party service providers. By granting Glemma access to any Third-Party Accounts, you understand that Glemma will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Platforms and Application via your Glemma Account and Glemma Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Glemma Account on the Site, Platforms and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Glemma’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Platforms and Application. You have the ability to disable the connection between your Glemma Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Glemma makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Glemma is not responsible for any SNS Content.
Your Glemma Account and your Glemma Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Glemma Account. 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. Glemma reserves the right to suspend or terminate your Glemma Account and your access to the Site, Application and Platforms if you create more than one (1) Glemma Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Glemma Account, whether or not you have authorized such activities or actions. You will immediately notify Glemma of any unauthorized use of your Glemma Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the service to be listed, including, but not limited to, the location, capacity, description, features, and availability of the Service and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Platforms, all Service Providers must have valid physical addresses. Listings will be made publicly available via the Site, Application and Platforms. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Consumer and Provider preferences, ratings, location, and/or ease of booking.
Other Members will be able to book your Services via the Site, Application and Platforms based upon the information provided in your Listing, your Consumer requirements, and Consumers’ search parameters and preferences. You understand and agree that once a Consumer requests a booking of your Services, you may not request the Consumer to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Consumers receiving of, a Service will not breach any agreements you have entered into with any third parties, such as industry associations, condominium, lease or rental agreements from which you provide the service, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing providing services), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Service included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Glemma assumes no responsibility for a Providers compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Glemma reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Glemma, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Glemma’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Platforms.
Policies and Community Guidelines or Standards, Trademark & Branding Guidelines,
If you are a Provider, you understand and agree that Glemma does not act as an insurer, client or as your contracting agent. If a Consumer requests a booking of your Service and receives your service, any agreement you enter into with such Consumer is between you and the Consumer and Glemma is not a party to it.
If you are a Provider, Glemma makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Service. You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present while providing the service at your request or invitation, excluding the Consumer (and the individuals the Consumer invites to the Service, if applicable.)
Glemma recommends that Providers obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Consumers (and the individuals the Consumers invites to the Service, if applicable) while receiving your Service.
Glemma may offer Providers the option of having photographers take photographs of their working location, service tools and Provider providing the Services. If you as a Provider choose to have photographer do this, Glemma shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “Glemma Verified Photo“ or similar wording (”Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Provider for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Glemma Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Glemma. If your Glemma Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Glemma retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Glemma does not endorse any Member, Listing or Service. You understand that Verified Images are intended only to indicate a photographic representation of the Service at the time the photograph was taken. Verified Images are therefore not an endorsement by Glemma of any Member, Listing or Service.
Members are required by these Terms to provide accurate information. Although Glemma may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for an Glemma Account, you agree that Glemma may but is not obligated to request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site, Application or Platform to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Glemma about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Platform. We therefore recommend that you always exercise due diligence and care when deciding whether to receive a service from a Provider or to accept or preapprove a booking request from a Consumer, or to have any other interaction with any other Member.We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Platforms, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Glemma with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Platforms regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Provider against Glemma regarding the remittance of payments received from a Consumer by Glemma on behalf of a Provider, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
“Services Fees” means the amounts that are due and payable by a Consumer in exchange for the Consumer receiving the service from the Provider. The Provider alone, and not Glemma, is responsible for the Service Fees for his or her Listing. The Accommodation Fees may in his or her sole discretion decide to include in these amounts (i) administration fee or any other fee permitted on the Glemma platform, or (ii) Taxes that the Provider determines that he or she has to collect.
“Consumer Fees” means the fee that Glemma charges a Consumer for the use of the Platform, which is calculated as a percentage of the applicable Service Fees. The Consumer Fees will be displayed to the Consumer when the Consumer is asked whether to send a booking request to a Provider.
“Provider Fees” means the fee that Glemma charges a Provider for the use of the Platform, which is calculated as a percentage of the applicable Service Fees. The Provider Fees will be displayed to the Provider when the Host is asked whether to confirm or reject a booking request from a prospective Consumer.
Payment Method" means a payment method that you have added to your Glemma Account, such as a credit card, debit card or PayPal.
“Platform Fees” means collectively the Consumer Fees and the Provider Fees.
“Total Fees” means collectively the Services Fees and the Consumer Fees plus any Taxes.
Bookings and Financial Terms for Providers
If you are a Provider and a booking is requested for your Accommodation via the Site, Application or Plaform, you will be required to either preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Platform, we will share with you (i) the first and last name of the Consumer who has requested the booking, (ii) a link to the Consumers Glemma Account profile page, (iii) if the Consumer and Provider have both connected their Glemma accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Consumer has provided other information to Glemma, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Glemma for the requested booking will be refunded to the applicable Consumer. When you confirm a booking requested by a Consumer, Glemma will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Platform.
Glemma may collect the Total Fees from Consumer at the time of the booking request or upon the Provider’s confirmation and will then initiate payment of the Service Fees (less applicable fees and taxes) to the Provider in most cases within 24 hours of the scheduled time of the appointment with the Consumer for the applicable Service (except to the extent that a refund is due to the Consumer) and as further described in the Payments Terms.
Each Provider agrees that Glemma may, in accordance with the cancellation policy selected by the Provider and reflected in the relevant Listing, (i) permit the Consumer to cancel the booking and (ii) refund to the Consumer that portion of the Service Fees specified in the applicable cancellation policy.
Bookings and Financial Terms for Consumers
The Providers, not Glemma, are solely responsible for honoring any confirmed bookings and providing any Services reserved through the Site, Application and Platform. If you, as a Consumer, choose to enter into a transaction with a Provider for the booking of a Services, you agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Provider. You acknowledge and agree that you, and not Glemma, will be responsible for performing the obligations of any such agreements, that Glemma is not a party to such agreements, and that, with the exception of Glemma’ obligations pursuant to the Payments Terms, Glemma (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Consumer before the Consumer sends a booking request to a Provider. As noted above, the Provider is required to either preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. Upon receipt of your booking request, Glemma may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested booking is cancelled (i.e. not confirmed by the applicable Provider), any amounts collected by Glemma will be refunded to such Consumer, depending on the selections the Consumer makes via the Site and Application, and any pre-authorization of such Consumer’s Payment Method will be released, if applicable.
You as a Consumer agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Glemma Account. Glemma Payments will collect the Total Fees pursuant to the Payments Terms.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Service Fees and Other Fees
In consideration for the use of Glemma online marketplace and platform, Glemma charges Service Fees. Glemma Payments collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Provider Fees and Consumer Fees. Glemma Payments deducts the Provider Fees from the Service Fees before remitting the balance to the Provider as described in the Payments Terms. Consumer Fees are, as noted above, included in the Total Fees.
More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at glemma.nl/help Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Consumer, you wish to cancel a confirmed booking made via the Site, Application and Platform, either prior to or after the start of the Appointment, the cancellation policy of the Provider contained in the applicable Listing will apply to such cancellation. Our ability to refund the Service Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Consumer Fee is non-refundable regardless of the cancellation policy selected by the Provider. Glemma will initiate any refunds due pursuant to the Payments Terms.
If a Provider cancels a confirmed booking made via the Site, Services, and Platform, (i) Glemma Payments will refund the Total Fees for such booking to the applicable Consumer pursuant to the Payments Terms and (ii) the Consumer may receive an email or other communication from Glemma containing alternative Listings and other related information. If the Consumer requests a booking from one of the alternative Listings and the Provider associated with such alternative Listing confirms the Consumer’s requested booking, then the Consumer agrees to pay Glemma the Total Fees relating to the confirmed booking for the Services in the alternative Listing, in accordance with these Terms. If a Consumer cancelled a confirmed booking and you, as a Provider, have not received an email or other communication from Glemma, please contact Glemma.
If, as a Provider, you cancel a confirmed booking, you agree that Glemma may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Glemma may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Platform. This may be for reasons set forth in Glemma’s Extenuating Circumstances policy or for any other reason. Glemma may also determine, in its sole discretion, to refund to the Consumer part or all of the amounts charged to the Consumer in accordance with the Consumer Refund Policy. You agree that Glemma and the relevant Consumer or Provider will not have any liability for such cancellations or refunds.
Glemma may, in its sole discretion, round up or round down amounts that are payable from or to Consumers or Providers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Glemma will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Glemma may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Glemma to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Some Provider may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Platform to a particular cause or charity. We do not take any responsibility or liability for whether the Provider does in fact make the donation he or she pledged to make. In such cases, the Provider in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
You as a Consumer or Provider are responsible for any modifications to a booking that you direct Glemma Customer Service to make (“Booking Modifications”), and you agree to pay any Service Fees, Consumer Fees, Provider Fees, Platform Fees, and/or Taxes associated with such Booking Modifications.
Glemma’s online platform facilitates bookings between Consumer and Provider who may prefer to pay in a different currency, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Glemma platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Platform and Collective Content. In connection with your use of the Site, Application, Platform and Collective Content, you may not and you 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, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Platform or Collective Content;
use the Site, Application, Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Glemma endorsement, partnership or otherwise misleads others as to your affiliation with Glemma;
dilute, tarnish or otherwise harm the Glemma brand in any way, including through unauthorized use of Collective Content, registering and/or using Glemma or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Glemma domains, trademarks, taglines, promotional campaigns or Collective Content
copy, store or otherwise access or use any information contained on the Site, Application, Platform or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of Glemma or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
interfere with or damage our Site, Application or Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Platform 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 account numbers;
use our Site, Application, Platform or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to providing a service for a customer;
“stalk” or harass any other user of our Site, Application, Platform or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Glemma Consumer or Provider;
offer, as a Provider, any Services that you do not yourself provide or have permission to promote for other Service Providers;
register for more than one Glemma Account or register for an Glemma Account on behalf of an individual other than yourself;
unless Glemma explicitly permits otherwise, request or book a Service if you will not actually be receiving the Service yourself;
contact another Member for any purpose other than asking a question related to a Booking, Service, Listing, or the Member’s use of the Site, Application and Platform;
recruit or otherwise solicit any Provider or other Member to join third-party services or websites that are competitive to , withrecruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Glemma, without Glemma’s prior written approval;
out Glemma’s prior written approval;
recruit or otherwise solicit any Member to join third-party platforms, applications or websites, without our 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 from or otherwise interact with the Site, Application, Platform or Collective Content;
use the Site, Application, Platform or Collective Content to find a Provider or Consumer and then complete a booking of a Services independent of the Site, Application or Platform, in order to circumvent the obligation to pay any Service Fees related to Glemma’s provision of the Platform or for any other reasons;
as a Provider, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honour;
violate these Terms or Glemma’s then-current Policies and Community Guidelines or Standards;
engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Site, Application, or Platform;
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 (directly or by omission or failure to update information) 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 Site, Application or Platform 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 Site, Application, Platform or Collective Content, or any individual element within the Site, Application, Platform or Collective Content, Glemma’s name, any Glemma trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Platform, without Glemma’s express written consent;
access, tamper with, or use non-public areas of the Site, Application or Platform, Glemma’s computer systems, or the technical delivery systems of Glemma’s providers;
attempt to probe, scan, or test the vulnerability of any Glemma system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Glemma or any of Glemma’s providers or any other third party (including another user) to protect the Site, Platform, Application or Collective 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 Site, Platform, Application or Collective 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 Site, Platform, Application or Collective Content;
advocate, encourage, or assist any third party in doing any of the foregoing; or
If you choose to accept payments outside of the Glemma Platform, you acknowledge and agree that you: (i) accept all risks and responsibility for such payment, and (ii) hold Glemma harmless from any liability for such payment.
Glemma has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Glemma may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Glemma Account, for a violation of this Section or these Terms.
Glemma may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Glemma or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Glemma Provider Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Glemma, its users, or members of the public. You acknowledge that Glemma has no obligation to monitor your access to or use of the Site, Application, Platform or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Glemma reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Glemma, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Platform.
If you receive or provide a service to anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Glemma by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The Site, Application, Platform, and Collective Content are protected by copyright, trademark, and other laws of the Netherlands and foreign countries. You acknowledge and agree that the Site, Application, Platform and Collective Content, including all associated intellectual property rights, are the exclusive property of Glemma 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 Site, Application, Platform, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Glemma used on or in connection with the Site, Application, Platform, and Glemma Content are trademarks or registered trademarks of Glemma in the Netherlands and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Platform, and Glemma Content are used for identification purposes only and may be the property of their respective owners. As a Provider, Consumer, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Platform and Collective Content, including Glemma’s Trademark & Branding Guidelines (as may be updated from time to time).
Our Site, Application and Platform have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Glemma (“Referral Program”). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, Glemma grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Glemma reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with these Terms and Glemma’s Trademark & Branding Guidelines, Glemma grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Glemma Content solely for your personal and non-commercial purposes and (ii) access and view any Member 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 Site, Application, Platform, or Collective 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 Glemma or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Platform, or through Glemma promotional campaigns, you hereby grant to Glemma a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Platform. Glemma does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Platform or through Glemma promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Platform or through Glemma promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Glemma the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Glemma’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Platform or Glemma promotional campaigns 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.
The Site, Application and Platform may contain links to third-party websites or resources. You acknowledge and agree that Glemma is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Glemma of such websites or resources or the content, products, or services 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 services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Platform (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Glemma and you hereby irrevocably assign to Glemma and agree to irrevocably assign to Glemma 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, and waive any moral rights you may have in such Feedback. At Glemma’s request and expense, you will execute documents and take such further acts as Glemma may reasonably request to assist Glemma to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Glemma respects copyright law and expects its users to do the same. It is Glemma’s policy to terminate in appropriate circumstances the Glemma Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Glemma’s Copyright Policy for further information.
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Glemma terminate the Agreement as described below.
Termination for convenience
You may terminate this Agreement at any time by sending us an email. If you cancel your Glemma Account as a Provider, any confirmed bookings will be automatically cancelled and Consumer will receive a full refund. If you cancel your Glemma Account as a Consumer, any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Glemma may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Termination for breach, suspension and other measures
Glemma may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Glemma Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Glemma believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Glemma or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Glemma may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Glemma Account and the Site, Application or Platform, temporarily or permanently revoke any special status associated with your Glemma Account, or temporarily or permanently suspend your Glemma Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Provider or Consumer, or (ii) Glemma believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Glemma or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Glemma and an opportunity to resolve the issue to Glemma’s reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to your Consumers or Providers that a pending or confirmed booking has been cancelled, (ii) refund your Consumers in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) support your Consumers, on an exceptional basis, in finding potential alternative Services from alternate Providers, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Glemma Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Glemma Account has been suspended or this Agreement has been terminated by us, you may not register a new Glemma Account or attempt to access and use the Site, Application and Services through other Glemma Accounts."
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, PLATFORM OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GLEMMA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CONSUMERS AND PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, PLATFORM, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GLEMMA 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. GLEMMA MAKES NO WARRANTY THAT THE SITE, APPLICATION, PLATFORM, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICE, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GLEMMA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES, PROVIDERS, CONSUMERS, YOUR ACCRUAL OF GLEMMA SERVICE CREDITS, THE PLATFORM OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, PLATFORM OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GLEMMA OR THROUGH THE SITE, APPLICATION, PLATFORM OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR PLATFORMS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR CONSUMERS. YOU UNDERSTAND THAT GLEMMA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR PLATFORM OR TO REVIEW OR VISIT ANY SERVICES. GLEMMA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR PLATFORM, INCLUDING, BUT NOT LIMITED TO, PROVIDERS AND CONSUMERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY GLEMMA. GLEMMA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CONSUMER OR OTHER THIRD PARTY.
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 SITE, APPLICATION, PLATFORM AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND PLATFORM, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GLEMMA WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER GLEMMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, PLATFORM, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 SERVICES, 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 SITE, APPLICATION, PLATFORM OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, PLATFORM, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLEMMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PROVIDERS PURSUANT TO THESE TERMS, IN NO EVENT WILL GLEMMA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, PLATFORM, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY SERVICE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND PLATFORM AS A CONSUMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY GLEMMA TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$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 GLEMMA 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 Glemma 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 and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Platform, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Service, or (iii) creation of a Listing; (d) the receiving of a Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the receiving, booking or providing of a Service; and (e) your participation in the Referral Program or your accrual of any Glemma Services Credits.
You may not use, export, re-export, import, or transfer the Application except as authorized by Dutch law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported into any Dutch embargoed countries. By using the Site, Application and Platform, you represent and warrant that (i) neither you nor your listed Service is provided in a country that is subject to a Dutch Government embargo, or that has been designated by the Dutch Government as a “terrorist supporting” country and (ii) you are not listed on any Dutch Government list of prohibited or restricted parties. You also will not use the Site, Application and Platform for any purpose prohibited by Dutch law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Glemma does not permit Listings associated with certain countries due to Dutch embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Except as they may be supplemented by additional Glemma policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Glemma and you regarding the Site, Application, Platform, Collective Content (excluding Payment Services), and any bookings or Listings of Services made via the Site, Application and Platform (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Glemma and you regarding bookings or listings of Services, the Site, Application, Platform, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without Glemma’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Glemma 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.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Glemma (i) via email (in each case to the 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 These Terms will be interpreted in accordance with Dutch law. You and we agree to submit to the non-exclusive jurisdiction of the Dutch courts for resolving any dispute between the parties. If Glemma wishes to enforce any of its rights against you, we may elect to do so in the Dutch courts or in the courts of the jurisdiction in which you are resident.
The failure of Glemma 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 Glemma. 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.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
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