Terms and conditions


1.    General
1.1    These terms and conditions (together with the documents referred to in it) tell you the terms and conditions on which you may make use of our website https://helpthecrowd.com/ (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to our site.
1.2    Please read these terms and conditions carefully before you start using our site, as these will apply to your use of our site. We recommend you to print a copy of this for future reference.
1.3    By using our site, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use our site.
1.4    Unless agreed otherwise, our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our site for any commercial or competitive activity or purpose.
2.    Other applicable terms
2.1    These terms and conditions refer to the following additional terms, which also apply to your use of our site (which jointly are being referred as the Agreements):
(a)    our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
(b)    Our Cookie Policy sets out information about the cookies on our site; and
(c)    our Acceptable Use Policy sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
3.    Information about us
3.1    https://helpthecrowd.com/ is a site operated by HelpTheCrowd B.V. (We or us). We are registered in the Netherlands under company number 63882337 and have our registered office at Herengracht 182 (1016 BR) Amsterdam. Our VAT number is [855439506B01].
4.    Changes to these terms
We may revise these terms and conditions at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
5.    Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
6.    Accessing our site
6.1    We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
6.2    You are responsible for making all arrangements necessary for you to have access to our site.
6.3    You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms, and that they comply with them.
6.4    Our site is directed to people residing in the Netherlands and other countries within the European Union. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the European Union, you do so at your own risk.
6.5    You are only allowed to use our site if you (i) are at least 18 years old or (ii) have obtained explicit prior approval from the person responsible for you.
7.    Our Services & Paid Subscriptions
Certain of our services are provided to you free-of-charge. Other services require payment before you can access them. The services that may be accessed after payment are currently referred to as the “Premium Services”. The services that do not require payment are currently referred to as the “Free Services”. You can learn more about these services by visiting our website.
8.    Payments, cancellations, and cooling off
8.1    Premium Services can be used by paying a monthly subscription fee.
8.2    When you register for the Premium Services, you consent to get access to Premium Services immediately. After registration, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the Cooling-off Period). Refunds will not, however, be paid if you made use of the Premium Services at any time during the Cooling-off Period.
8.3    Your payment to us will automatically renew at the end of the subscription period, unless you cancel your Premium Services through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Services. However, if you cancel your payment or Premium Services and/or terminate any of the Agreements (1) after you have accessed our site during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable); or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact customer support.
8.4    HelpTheCrowd may change the price for the Premium Services from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Premium Services will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Premium Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Premium Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
9.    Your account and password
9.1    If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
9.2    We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
10.    Intellectual property rights
10.1    We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2    You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
11.    No reliance on information
11.1    The content on our site is provided for general information only we do not intend to provide any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.
11.2    Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees that the content on our site is accurate, complete or up-to-date.
12.    Limitation of our liability
12.1    Nothing in these terms and conditions excludes or limits our liability arising from our intent (opzet), wilful recklessness (bewuste roekeloosheid), fraud, or any other liability that cannot be excluded or limited by the applicable law.
12.2    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it.
12.3    We will not be liable to any user for any loss or (consequential) damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a)    use of, or inability to use, our site; or
(b)    use of or reliance on any content displayed on our site.
12.4    If you are a business user, please note that in particular, we will not be liable for any (indirect) loss or damages including:
(a)    loss of profits, sales, business, or revenue;
(b)    business interruption;
(c)    loss of anticipated savings; or
(d)    loss of business opportunity, goodwill or reputation.
12.5    If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.6    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
12.7    We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13.    Uploading content to our site
13.1    Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
13.2    You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
13.3    Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
13.4    We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
13.5    We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
13.6    We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
13.7    The views expressed by other users on our site do not represent our views or values.
13.8    You are solely responsible for securing and backing up your content.
14.    Rights you licence
14.1    When you upload or post content to our site, you grant us a worldwide, perpetual, non-exclusive licence (including the right to sub-license) to distribute the content on our site.
14.2    The licence granted under this clause permits us to:
(a)    modify, electronically reproduce and distribute, and publicly perform and display the content on our site;
(b)    reproduce and distribute through any media now known, or hereafter developed, excerpts of the content in advertisements for, and in marketing and promotional materials related to, our site; and
(c)    make derivative works, reproduce, publicly perform and display and distribute such derivative works in conjunction with the content through our site, including in any media now known or hereafter developed.
15.    Viruses
15.1    We do not guarantee that our site will be secure or free from bugs or viruses.
15.2    You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
15.3    You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
16.    Linking to our site
16.1    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
16.2    You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may also not establish a link to our site in any website that is not owned by you.
16.3    Our site may not be framed on any other site, nor may you create a link to any part of our site other than the home page.
16.4    The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
16.5    If you wish to make any use of content on our site other than that set out above, please contact info@HelpTheCrowd.com.
16.6    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over and accept no liability in relation the contents of those sites or resources.
17.    Applicable law
17.1    These terms and conditions, its subject matter and its formation, are governed by Dutch law. The courts of Amsterdam, the Netherlands will have exclusive jurisdiction.
18.    Trade marks
18.1    HelpTheCrowd are Dutch (registered) trademarks of HelpTheCrowd B.V.
19.    Contact us
19.1    To contact us, please email info@HelpTheCrowd.com. Thank you for visiting our site.
20.    Entire agreement
20.1    Other than as stated in this section or as explicitly agreed upon in writing between you and us, the Agreements constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
20.2    Please note, however, that other aspects of your use of the service may be governed by additional agreements. That could include, for example, access to the discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on our site. To the extent that there is any irreconcilable conflict between any additional terms and these terms, the additional terms shall prevail.