General Terms and Conditions BBQ Pitmaster Community
Article 1 – Definitions
1.1 BBQ Pitmaster Community: In these General Terms and Conditions “BBQ Pitmaster Community” will be understood to mean the private limited company BusinessAPP4U B.V.
1.2 Licensee: The (legal) person with whom BusinessAPP4U B.V. has concluded an agreement.
1.3 Services: The services to be provided by BBQ PITMASTER COMMUNITY, as described on www.BBQPitmaster.Community, which include granting access to and use of the community website.
1.4 Agreement: The agreement (including these General Terms and Conditions) between BBQ PITMASTER COMMUNITY and Licensee based on which BBQ PITMASTER COMMUNITY provides services to Licensee.
1.5 Community Website: The Community Website used by Licensee based on the BBQ PITMASTER COMMUNITY membership portal.
Article 2 – Applicability
2.1 These terms and conditions are applicable to all offers and legal relationships of BBQ PITMASTER COMMUNITY and to all agreements concluded with BBQ PITMASTER COMMUNITY.
2.2 These terms and conditions are applicable, with the exclusion of any general terms and conditions used by the Licensee.
2.3 Licensee enters into this agreement in the capacity of consumer. As such, Licensee may rely on consumer rights and will enjoy protection, for example by means of the right of withdrawal.
2.4 BBQ PITMASTER COMMUNITY is entitled to unilaterally amend the contents of these General Terms and Conditions. Amendments will be announced in writing or by e-mail and will take effect fourteen (14) days after having been announced, or else on another date stipulated in the announcement.
2.5 If Licensee does not wish to accept the amendments in the General Terms and Conditions he will be entitled to terminate the Agreement as per the date of the amended terms and conditions taking effect, without BBQ PITMASTER COMMUNITY being held to reimbursements for costs or damages. There will be proportionate restitution of paid subscription fees.
Article 3 – Establishing agreement
3.1 All offers from BBQ PITMASTER COMMUNITY are free from obligation and may be withdrawn within fourteen days after having been taken note of, unless expressly indicated otherwise in the offer.
3.2 The Agreement between BBQ PITMASTER COMMUNITY and Licensee is established by clicking the REGISTER button for the registration process on the website of BBQ Pitmaster Community. The Agreement is also established by Licensee providing the payment information.
3.3 BBQ PITMASTER COMMUNITY has the right to refuse a potential Licensee without providing reasons.
Article 4 – Licence
4.1 BBQ PITMASTER COMMUNITY grants Licensee a non-exclusive user right pertaining to the Community Website. The user right commences upon the establishment of the agreement.
4.2 The user right is non-transferable. Licensee is not permitted to sell or rent out the user right, provide a sub-licence of the user right, or in any way or for any purpose whatsoever make the user right available for third parties.
4.3 Licensee may only use the user right for his own activities.
Article 5 – Duration user right
5.1 The agreement is established for a period of no less than 1 month or for multiple months when using an offer price for a longer period.
5.2 The agreement will be automatically renewed until the moment of cancellation by Licensee, cancellation should be no less than 7 calendar days before the start of a new period and exclusively in writing or by way of e-mail.
5.3 The agreement cannot be cancelled on the interim, the chosen number of months for the initial agreement will be the guiding principle as such.
5.4 BBQ PITMASTER COMMUNITY and Licensee will be authorised to terminate the Agreement in writing or by e-mail with immediate effect, without further notice of default or judicial intervention and without being held to any compensation for costs or damage in the following cases: (a) in case the other party files for bankruptcy or is declared bankrupt; (b) Licensee requests for (temporary) suspension of payments or is granted (temporary) suspension of payments; (c) Licensee is placed under guardianship or is appointed an administrator, or else BBQ PITMASTER COMMUNITY discontinues its activities or winds up its enterprise.
5.5 Regardless of other provisions in this Agreement the following obligations will continue to apply after the end of this Agreement: (a) outstanding payments; (b) intellectual property rights; (c) liability.
Article 6 – Rights and obligations BBQ PITMASTER COMMUNITY
6.1 BBQ PITMASTER COMMUNITY undertakes to make the Services available continuously, but does not guarantee that the Services will be available at all times.
6.2 BBQ PITMASTER COMMUNITY is not involved in all the content of the Community Website. Therefore, BBQ PITMASTER COMMUNITY is not responsible for the content and the quality of the offered products, services, advertisements and handling of the sale by the various partners, such as payment and delivery.
6.3 BBQ PITMASTER COMMUNITY retains the right to apply changes to its Services and the Community Website. BBQ PITMASTER COMMUNITY will undertake to notify of changes that may constitute a limitation of the core functions of the Services and the Community Website contents in advance, with due observance of a reasonable term, unless this is reasonably or technically impossible.
6.4 BBQ PITMASTER COMMUNITY may possibly expand the Services and/or the Community Website with modules that contain new features. Modules that are offered to new users against payment will not automatically fall within the scope of the Agreement. If Licensee wishes to use these modules, he must make further arrangements in this regard with BBQ PITMASTER COMMUNITY.
6.5 BBQ PITMASTER COMMUNITY provides an electronic newsletter in which Licensees are informed about the developments of the Services of BBQ PITMASTER COMMUNITY. Unless Licensee indicates not to require this, during the course of this Agreement Licensee will receive these electronic newsletters at the e-mail address that was submitted in registration. For every newsletter there will at all times be a possibility to UNSUBSCRIBE.
6.6 BBQ PITMASTER COMMUNITY will furthermore provide its commercial Partners with the e-mail address of Licensee. These Partners also provide an electronic newsletter, informing Licensees about recent developments and interesting offers of the Partner in question. Unless Licensee indicates not to require this, during the course of this Agreement Licensee will receive these electronic newsletters at the e-mail address that was submitted in registration. For every newsletter there will at all times be a possibility to UNSUBSCRIBE.
6.7 BBQ PITMASTER COMMUNITY undertakes to make (daily) back-ups of the data used within the Website of Licensee, but does not guarantee the availability of these data.
Article 7 – Rights and obligations Licensee
7.1 Licensee herewith acquires the non-exclusive and non-transferable right of use of the Community Website.
7.2 When concluding the Agreement, Licensee must provide the right, current and full (address) information, which information is requested from Licensee during registration. Licensee must submit changes in this (address) information to the back-office of BBQ PITMASTER COMMUNITY as soon as possible.
7.3 Licensee must refrain from impermissible use of the Community Website and will act and behave in accordance with all that BBQ PITMASTER COMMUNITY may expect from a careful user. In particular, when using the Community Website, Licensee will:
(a) refrain from posting information on the Community Website in breach of intellectual property rights of third parties;
(b) refrain from offering products or services that have been stolen, that are in breach of legal provisions or that otherwise infringe the rights of third parties;
(c) refrain from spreading information that is in breach of legal provisions, public order and public morals;
(d) refrain from deliberately releasing viruses, or having viruses released, which might cause damage to equipment, software or data from third parties;
(e) refrain from gaining access, or attempting to gain access to computers or computer systems for which he has no authorisation (hacking);
(f) refrain from amending, deleting or rendering unusable any data on the Community Website posted by other users, or adding data to these data from third parties, without consent from the third parties in question;
(g) refrain from using the Community Website in such a manner that its proper functioning is prevented, or else that it might cause damage or hindrance to other users of the Community Website;
(h) refrain from in any way whatsoever making his User Name or (part of) the Services available for third parties. Licensee will keep his User Name strictly private and confidential;
(i) follow all instructions from BBQ PITMASTER COMMUNITY that are issued in connection with the use of the Community Website.
7.4 Without prejudice to its other rights under the law or the Agreement, BBQ PITMASTER COMMUNITY retains the right to suspend its obligations towards Licensee or terminate the Agreement in case Licensee acts in breach of Article 7.3, or in case there is reasonable suspicion of this, without BBQ PITMASTER COMMUNITY being held to pay any compensation.
Article 8 – Licence fee and prices
8.1 Any licence fees and other prices or rates stated by or agreed with BBQ PITMASTER COMMUNITY are including turnover tax (VAT), unless stipulated otherwise.
8.2 BBQ PITMASTER COMMUNITY is authorised in all cases to adjust the agreed price, by way of an e-mail to Licensee, with due observance of a term of thirty (30) days.
8.3 In case Licensee does not wish to agree with a price adjustment announced by BBQ PITMASTER COMMUNITY, Licensee will be authorised to terminate the Agreement in writing or by e-mail within thirty (30) days after the date on which the price adjustment would take effect, as referred to in the notification from BBQ PITMASTER COMMUNITY. There will be proportionate restitution of paid subscription fees.
8.4 Licensee will not be able to rely on any setoff with regard to payment of the licence fee and other amounts owed. Licensee may not suspend payment of the licence fee or other amounts in reliance on any defectiveness of the Community Website.
8.5 In case BBQ PITMASTER COMMUNITY were to block the Community Website on the basis of applicable terms and conditions, it will be authorised to attach the condition to deblocking that Licensee pay the costs applicable for this, in accordance with the regulations to that effect, which apply at BBQ PITMASTER COMMUNITY at the time of deblocking.
Article 9 – Payment
9.1 The licence fee is paid prior to the period by way of direct debit.
9.2 By pressing the button SIGN IN and completing the sign in process, Licensee consents to automatic collection of the licence fee. Depending on the chosen licence period, this may be once a month or once a year.
9.4 In case Licensee fails to pay the amounts owed within the agreed term due to reversal, without a notice of default being required, Licensee will owe the statutory interest over the outstanding amount. In case Licensee, after having received a notice of default, remains in default of payment, the claim may be passed on for collection, in which case besides the total amount owed, Licensee will then also be held to full payment of extrajudicial and judicial costs, including all costs charged by external experts next to the judicially ascertained costs in connection with the collection of this claim or rights exercised otherwise, the height of which will be determined at no less than 15% of the total amount, with a minimum of € 75.-.
9.5 Without prejudice to its other rights under the law or the Agreement, in case of failure of payment in time, BBQ PITMASTER COMMUNITY will be authorised to suspend access to the Community Website by Licensee, without being held to compensation for any costs or damages.
9.6 BBQ PITMASTER COMMUNITY will at all times be authorised to deactivate the Community Website, if payment has not been received after more than 45 days of the notice of default.
9.7 In case Licensee intends to reverse the direct debit collection at the bank, he will first consult with BBQ PITMASTER COMMUNITY in this regard.
Article 10 – Guarantee, refunds & claims
10.1 BBQ PITMASTER COMMUNITY ensures the reliability of the Community Website it provides in accordance with what Licensee may reasonably expect based on the Agreement. Should there nonetheless be defects in the Community Website provided by BBQ PITMASTER COMMUNITY as a result of defects in programming and/or design, it will remedy these defects (or have them remedied), or else apply a reasonable price reduction, all this at the option and sole discretion of BBQ PITMASTER COMMUNITY.
10.2 Defects in the security of the information stored by Licensee on the systems of BBQ PITMASTER COMMUNITY, defects as a result of acts by Licensee himself or by other Licensees or internet users, as a result of changes in dial-up numbers, log-in procedures, changes of account and/or e-mail address or otherwise, are not included in the guarantee and are at the expense and risk of Licensee.
10.3 Licensee should carefully inspect the service provided immediately after its activation, subject to forfeiture of any rights of claim and/or guarantee.
10.4 In case Licensee disagrees with amounts debited from his account / charged to his credit card, he may contact BBQ PITMASTER COMMUNITY through the contact page on the website. Licensee will receive a substantive reaction from BBQ PITMASTER COMMUNITY within 10 working days. In case the dispute is considered well-founded, the collected amount will be repaid to the account from which it was debited.
10.5 It is not permitted to terminate the subscription in the interim period and reclaim paid amounts as a result of this. After the end of the subscription period it is possible to stop the subscription without costs.
10.6 Claims will not suspend the payment obligations of Licensee.
Article 11 – Intellectual property rights
11.1 All intellectual and industrial property rights with regard to the Community Website and other services and with regard to everything BBQ PITMASTER COMMUNITY develops, manufactures or provides, including software, knowledge programmes, texts, designs, videos and images are vested in BBQ PITMASTER COMMUNITY.
11.2 Licensee is not permitted to remove or change any details about brands, trade names, copyrights or other rights of intellectual or industrial property.
11.3 Licensee is not permitted to copy, reproduce or in any other way multiply, translate, adjust, imitate, change or reconstruct the Community Website or parts thereof.
11.4 In so far as necessary for the use of the Community Website, Licensee will acquire a non-transferable and non-exclusive user right with regard to these intellectual property rights.
Article 12 – Liability
12.1 BBQ PITMASTER COMMUNITY will never be liable for any direct or indirect damage of Licensee or third parties, which include consequential damage and immaterial damage as a result of using or not using the Community Website.
12.2 The liability of BBQ PITMASTER COMMUNITY towards Licensee, for whatever reason, will be limited to the remuneration due based on the Agreement, for a period of three (3) months, prior to the moment on which the damage arose.
12.3 Licensee will indemnify BBQ PITMASTER COMMUNITY and relevant third parties it deploys against liability, damage and costs that arise as a result of or in connection with the Licensee using or not using the Services.
12.4 The terms given have been approximately determined and are not to be considered a strict deadline. BBQ PITMASTER COMMUNITY is not liable in case the terms given are transgressed.
12.5 The other paragraphs of this article will not apply if and in so far as the damage in question is caused by wilful intent or gross negligence of BBQ PITMASTER COMMUNITY (highest managerial staff).
Article 13 – Force majeure
13.1 BBQ PITMASTER COMMUNITY will not be held to comply with one or more obligations in case it is obstructed to do so as a result of force majeure. Force majeure is also understood to mean:
- a) a shortcoming by external hosting providers and suppliers of BBQ PITMASTER COMMUNITY
- b) interruptions or outages in power facilities and/or telecommunications facilities
- c) obstructions resulting from hardware and software used by Licensee, or the technical infrastructure used by same.
- d) job strikes
- e) fire
- f) accident or sickness of staff
- g) Denial of Services (DoS) attacks
- h) problems not foreseen by BBQ PITMASTER COMMUNITY and every other circumstance that is not exclusively dependent on the will of BBQ PITMASTER COMMUNITY
13.2 When the situation of force majeure has lasted in excess of sixty (60) days, Licensee will have the right to terminate the Agreement in writing or by e-mail, without BBQ PITMASTER COMMUNITY being held to pay any compensation for costs or damages.
13.3 In case due to limitations or obstructions or other forms of force majeure, BBQ PITMASTER COMMUNITY is prevented from complying with the Agreement, it will be authorised to suspend the execution of the Agreement. In such case, Licensee will not be entitled to compensation for damages, costs or interest.
Article 14 – Consultation
14.1 All advice rendered and knowledge shared by BBQ PITMASTER COMMUNITY, and information and specifications provided BBQ PITMASTER COMMUNITY, among other things about the characteristics of services to be delivered by BBQ PITMASTER COMMUNITY, are entirely free from obligation and are provided by BBQ PITMASTER COMMUNITY in the form of non-binding information. BBQ PITMASTER COMMUNITY grants no guarantees whatsoever in this regard.
14.2 BBQ PITMASTER COMMUNITY is not liable for any direct or indirect damage, in whichever form and for whichever reason, arising from the provision of information and/or advice rendered by BBQ PITMASTER COMMUNITY. Licensee indemnifies BBQ PITMASTER COMMUNITY against all claims from third parties, unless this concerns wilful intent or gross negligence on the part of BBQ PITMASTER COMMUNITY.
Article 15 – Privacy
15.1 BBQ PITMASTER COMMUNITY respects the privacy of Licensee. BBQ PITMASTER COMMUNITY will process the personal information of Licensee in accordance with the valid privacy regulations and in accordance with the privacy statement available for inspection on the website of BBQ PITMASTER COMMUNITY. Licensee agrees to this processing of his personal information.
Article 16 – Applicable law
16.1 This Agreement is exclusively subject to Dutch law.
16.2 In so far as national rules of law do not imperatively prescribe otherwise, the Court of Amsterdam has exclusive jurisdiction to hear all disputes ensuing from or in connection with Agreement between parties.
16.3 Without advance written consent from BBQ PITMASTER COMMUNITY, Licensee will not be authorised to transfer the rights and obligations from the Agreement to a third party, which include entities within the group of companies that Licensee forms part of. BBQ PITMASTER COMMUNITY is authorised to transfer the rights and obligations from the Agreement to third parties. Licensee states that it consents to such transfer, if this situation arises.
16.4 In case one or more provisions of this Agreement are void or voidable, this will not affect the validity of the other provisions. Parties will consult with each other to agree to new provisions in order to replace the void or voidable provisions. In doing so, the purpose and meaning of the void or voided provision will be taken into account as far as possible.
The activities of the BBQ Pitmaster Community are part of BusinessAPP4U BV.
5315 AV Kerkwijk (Netherlands)
Chamber of Commerce 65424093
Phone +31 (0) 88 7800 900