GENERAL TERMS AND CONDITIONS – DAYMAKER

These General Terms and Conditions (“Terms”) are a legal agreement between you (“user”, “you”, “your”) and Daymaker BV with registered seat at Gasthuisstraat 59, 2340 Beerse (Belgium), company number 0766.997.608, info@daymaker.travel (the “Owner”, ‘we”, “our”, “us”) that govern the registration, use and access to/of the Daymaker platform (the “Daymaker Platform”).

Please read these Terms carefully before registering or using the Daymaker Platform and keep them for your records. By fully registering, using and/or accessing the Daymaker Platform, you confirm to accept and to be legally bound by these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You will be required to read all provisions carefully.

If you do not agree to these Terms, you may not register for an Account (as defined below) or otherwise access or use (any part of) the Daymaker Platform. You represent and warrant that you are otherwise legally permitted to use the Platform and its services in your jurisdiction and that we are not liable for your compliance with such applicable laws.

1        DEFINITIONS

The capitalised terms in these Terms shall have the following meaning:

• Agreement: the mutual contract between the Owner and the User pertaining to the Services, which requires the acceptance of and the consent with the present Terms and the corresponding Privacy Policy and Cookie Policy.

• Confidential Information: business, technical or financial information relating to the Owner’s business, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

• Content: any type of content or material that is uploaded to or posted on the Daymaker Platform by Users, including images, videos, text elements (including comments, travel routes and travel information), audio elements, GIFs/memes and any other type of content or material in whatever way or form.

• Daymaker(s): any User who uses the Daymaker Platform for the uploading or posting of travel routes, travel experiences and travel information to inform and help Daytrippers, whether for professional or private use.

• Daymaker Platform or the Platform: the platform accessible through daymaker.travel offered by the Owner under the brand name “Daymaker” through which Users can access the Services offered.

• Daytripper(s): any User who accesses the Daymaker Platform to consult and make use of the Content provided by Daymakers.

• Force Majeure: any unforeseen event which is beyond the reasonable control of the Owner and which prevents or delays performance by the Owner (or any person acting on its behalf) of any of its obligations under this Agreement, including but not limited to: natural disasters, epidemic or pandemic, outbreak or escalation of hostilities (whether or not war has been declared), hacking or internet attack that could not be prevented with reasonable security measures, any other unlawful act against public order or authority, unpredictable acts of the authorities, strike or other labor dispute, government restraint, power or electronic communication network disruption, suspension of payments, insolvency, receivership, administration, bankruptcy or liquidation of any third party.

• General Terms and Conditions: these General Terms and Conditions (“Terms”) including all policies, amendments and additional terms posted on the Daymaker Platform.

• Intellectual Property: all of the following legal rights, title, or interest in or arising under the laws of Belgium and the European Union, any state, any other country or international treaty regime, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired, including all renewals thereof: (i) patents, patent applications and patent rights, including any such rights granted upon any reissue, re-examination, division, extension, provisional, continuation or continuation-in-part applications, and equivalent or similar rights anywhere in the world in inventions and discoveries; (ii) rights associated with works of authorship and literary property rights, including, but not limited to, copyrights, copyright applications and copyright registrations, and moral rights; (iii) rights relating to know-how or trade secrets, including but not limited to ideas, concepts, methods, techniques, inventions and other works, whether or not developed or reduced to practice, rights in industrial property, customer, vendor and prospect lists, and all associated information or databases, and other confidential or proprietary information; (iv) industrial designs, industrial models, utility models, certificates of invention and other indicia of invention ownership; (v) trademarks, service marks, logos, trade dress, Internet addresses (URLs), trade names and service names, whether or not registered, and the goodwill associated therewith; and (vi) any rights analogous to those set forth in the preceding language and any other proprietary rights relating to intangible property anywhere in the world.

• Registration: the creation of an account (“Account”) on the Daymaker Platform, which enables the User to access, upload, create and purchase Content and to make use of the Services.

• Secret Tip(s): Parts of the Content provided by a Daymaker which are only accessible either after payment of the amount indicated on the Daymaker Platform or after unlocking the Content through the unlock-button.

• Services: the current and future products services and functionalities offered through the Daymaker Platform enabling Users to upload, create, purchase and access Content as well as the website and any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) provided to you by the Owner, directly or indirectly.

• User(s): any natural person who has the age of 16 years or older or any legal entity, who accesses and makes use of the Services, either as Daymaker or Daytripper.

• Virtual Treats: tips which can be paid by a Daytripper to a Daymaker to thank him/her for the information provided for by the latter, whereof the amount is indicated on the Daymaker Platform.

2        PURPOSE, CONTEXT AND REVENUE MODEL

The Daymaker Platform gives Users the opportunity to get involved in the exchange of travel information by ways of sharing travel routes and travel experiences on the one hand and giving particular tips related hereto on the other hand.

We are an online intermediary hosting service and offer Services in facilitating transactions and a virtual exchange platform.

You are not charged to use the Daymaker Platform and/or other products and services covered by these Terms. Instead, we use your personal data to improve your personal user experience and, more specifically, to determine which Content will be relevant to you and your interests.

We don’t sell your personal data and we don’t share information that directly identifies you (such as your name, email address or other contact information) with third parties unless you give us specific permission thereto. Our Privacy Policy - which is hereby incorporated by this reference into these Terms and can be consulted here: www.daymaker.travel/terms-and-conditions - explains how we collect, use, store and disclose your personal data, including to determine the customized Content you see and provide all of the other Services described below. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

3        MODIFICATIONS TO THE DAYMAKER PLATFORM OR THESE GENERAL TERMS AND CONDITIONS

You accept and acknowledge that the functionalities of the Daymaker Platform may vary from time to time and that we may change these Terms any given time at our sole discretion to the extent permitted by law. Should a new service or functionality be made available as part of the Services or should we amend these Terms, you will be informed of the modifications on the website www.daymaker.travel and/or will receive a notice of the modification by email or conspicuous notification, such as a popup, on the Daymaker Platform.

If we modify these Terms, we will post and - in the event any such modifications decrease your rights or increase your obligations - will do so prior to such modification taking effect. When we modify these Terms, the then-current version of these Terms supersedes all prior versions and governs your access to and use of the Services. If you continue to maintain your Account or use any part of the Services following any change, you are deemed to have accepted and agreed to any changes, as of the effective date of any such change. If you do not wish to be bound to the changes, you must close your Account and refrain from using the Daymaker Platform.

Your continued use of the Daymaker Platform after amendment of the Terms means that you accept the changes. Accordingly, you are advised to consult these Terms from time to time.

These terms are last modified on the date indicated below. You can obtain a copy of the current Terms from our website or by e-mailing a request to us at info@daymaker.travel.

4        ACCOUNT AND REGISTRATION

In order to be eligible to access and use the Daymaker Platform, (i) you must at least be sixteen (16) years of age or older, (ii) reside in the European Union, (iii) have the legal ability to enter into and be bound by these Terms, (iv) comply with these Terms and (v) establish and maintain an active and valid user Account.

You affirm that you are over the age of 16, as the Daymaker Platform is not intended for children under 16. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 16, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS.  YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE DAYMAKER PLATFORM, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT SHE / HE / X MAY INCUR.

If you access the Daymaker Platform from outside the European Union you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. You may not use the Daymaker Platform in a manner that conflicts with these Terms.

To create an account, you must provide us with your full name, date of birth, a valid email address, a username and a password. You will also have the opportunity to indicate your own particular travel preferences (such as travelling with kids or disabled, preference concerning culture, adventure, culinary etc.). These preferences will be used to present Daytrippers customised Content provided by Daymakers. The Owner hereby preserves the right to ask for any additional information whenever necessary. Your personal data will be processed according to our Privacy Policy, which can be consulted here: www.daymaker.travel/privacy. You ensure that the provided information is accurate, complete, not offensive and does not infringe any rights of third parties. Any changes in the information shall immediately be updated in the account so that the data is at all times accurate and complete.

You are solely responsible to maintain the security of your Account. You agree to undertake to maintain at all times adequate security and control of all of your Account details, passwords, personal identification numbers or any other codes that you use to access the Daymaker Platform. You ensure that Account(s) registered under your name will not be used by any other person and must notify us immediately of any breach of security, loss, theft, or unauthorized use of your username, password or security information at info@daymaker.travel .

In this event, Users grant the Owner the right to preserve the confidential nature of the information and take all the necessary precautions. We will not be liable for any loss that Users may incur as a result of someone else using their password or account, with or without their knowledge.   

You may not sell, transfer or assign your Account or any associated contractual rights, licenses or obligations to any third party without our prior written consent. When you do business with us, you agree to comply with all applicable laws, regulations or ordinances, and orders of governmental and governing authorities, including federal and state privacy laws and anti-money laundering laws. You agree not to use your Account or other parts of our Services for any unlawful purpose.

5        INTELLECTUAL PROPERTY OF THE OWNER

The Owner and/or its licensors are the owner(s) or beneficiary(ies) of all Intellectual Property rights associated with the Daymaker Platform. All copyrights, databank rights and software rights in all material contained on, in or available through the Daymaker Platform including all information, data, text, graphics, and all source codes, software compilations and other material to the fullest extent possible is solely owned and controlled by the Owner and/or its licensors.

The Owner grants Users for the term of the Agreement a non-transferable, non-sub-licensable, royalty-free, worldwide, non-exclusive and revocable licence to use the Daymaker Platform in accordance with these General Terms and Conditions. This licence shall include any future updates made available to Users from time to time, provided that they understand and accept that such updates may be subject to other pricing arrangements and additional terms and conditions in respect of which they will be notified at the time such update is made available.

Without prejudice to Users’ rights relating to the protection of computer programs, they may not:

• modify, translate or adapt any of the components of the Daymaker Platform (including any software associated with it) in any way;

• decompile or disassemble any of the components of the Daymaker Platform (including any software associated with it) in any way;

• copy any of the components of the Daymaker Platform (including any software associated with it) in any way, except to make a back-up copy;

• transfer, dispose of, grant as a sub-licence, lease, lend or distribute any of the components of the Daymaker Platform (including any software associated with it) or documentation, in any way or in any form to third parties;

• merge the Daymaker Platform or any component thereof into any other programs or create derivative works based on (any component of) the Daymaker Platform;

• use the Daymaker Platform in whole or in part or any Confidential Information relating thereto to create software that is functionally equivalent to the Daymaker Platform or any part thereof;

• use the Daymaker Platform in a way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person; and/or

• remove, obscure or alter proprietary rights notices (including trademarks and copyrights notices) which may be affixed to or contained within the Daymaker Platform.

The Owner reserves the sole right to correct any errors in the Daymaker Platform, its Services or documentation.

Nothing contained in the Daymaker Platform shall be construed as granting any licence or right to make commercial use of any trademark, Intellectual Property right or copyrighted material of the Owner and/or its licensors without their prior written permission.

Should the Daymaker Platform contain elements of Intellectual Property belonging to third parties, the Owner shall arrange for such third party to grant Users the necessary use rights.

Users hereby undertake to immediately inform the Owner of any claim from any third party based on an alleged breach on the Owner of the Intellectual Property rights of third parties as well as to provide all information and support related thereto. Users hereby grant the Owner the right to conduct any legal proceedings and negotiations in connection with such a claim. In the event of such a claim, the Owner may, at its sole discretion: (i) adapt the allegedly infringing component of the Daymaker Platform or Services related thereto in order to remedy the alleged breach, (ii) obtain the right on Users’ behalf to continue using the relevant component, or (iii) should the Owner be of the opinion that neither of those options can reasonably be achieved, terminate the Agreement. The foregoing sets out the sole and exclusive remedy Users will have in the event of any third party claim specifically excluding any claim for compensation.      

6        INTELLECTUAL PROPERTY ON CONTENT OF USERS

Content on the Daymaker Platform will remain the sole property and responsibility of the User who posted or made the Content available. Users hereby acknowledge and accept that the Owner has no control over the lawfulness of the Content and is not obliged to actively monitor it as provided under the E-Commerce Directive 2000/31/EC of 8 June 2000 or otherwise.

The User hereby guarantees that the Content he/she posts or makes available does not infringe the Intellectual Property rights of third parties. The User warrants that he/she owns the Intellectual Property rights in his/her Content or that he/she has obtained the necessary licences to make use of the Content and grant both the Owner and other Users the necessary sub-licences.

The User shall indemnify the Owner against any third-party claims based on the alleged inaccuracy of these guarantees. The User shall indemnify the Owner for any adverse consequences, financial or otherwise, caused by the infringement of Intellectual Property rights of third parties.

By acceptance of these Terms and use of the Daymaker Platform, the User grants the Owner a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable licence on any of his/her Content, for any purpose reasonably related to the Services and operation or exploitation of the Daymaker Platform. This licence will in any case include, in any manner or form, the right to reproduce, make available, communicate to the public, host, display, distribute, adapt and translate the Content in any form and on any carrier, whether digital or not, whether in the context of the Daymaker Platform or not, whether online or not. In these cases, and to the extent permitted by law, the User waives any moral rights he/she might have towards the Owner in relation to the distortion, mutilation or other derogatory modification of his/her Content. The User acknowledges and accepts that this licence will be royalty free and covered by the Services and payments he/she receives in return from other Users. The User hereby waives any right or interest that he/she would have in a compensation for the licence granted to the Owner.  

The User acknowledges and agrees that by uploading the Content on the Daymaker Platform he/she grants other Users the right to have access to and view his/her Content. The User shall indemnify the Owner for any breach of this obligation of access to the Content, including any loss of damage the Owner may suffer (including loss of profits) as result of failing to comply with this obligation.

7        USE OF IMAGES

The Daymaker Platform provides Users with the possibility to share images that may or may not depict a person’s image. Users will bear the sole responsibility to obtain any and all necessary prior permissions from the depicted person(s). The Owner does not accept any responsibility should the User use said images without obtaining the permission from the depicted person(s). Users understand and accept all responsibility associated with using any image of any person without obtaining prior written permission.    

8        USE OF THE DAYMAKER PLATFORM

8.1       With regard to the access to the Daymaker Platform:

Users must use the Daymaker Platform in accordance with these General Terms and Conditions.  

In order to access and use the Daymaker Platform, Users may be required to have certain compatible hardware and software (which may be subject to a fee due to a third party), which is their sole responsibility. Periodic updates may also be required. Users’ use of the Daymaker Platform may be affected by the functioning of all these elements which are not under the control of the Owner.

8.2       With regard to the Content

Users are responsible for the Content, views, comments and messages they post or express on or through the Daymaker Platform. Users shall to the extent permitted by law indemnify the Owner against any third party claims, in whatever way or form, resulting from the non-compliance with these General Terms and Conditions, including the hereunder listed non-exhaustive user guidelines.    

Daymakers shall refrain from posting or making available any Content that, in whatever way or form:

• is non-appropiate, intimate, pornographic, obscene, violent, indecent, shocking or unsuitable for family audiences, defamatory, abusive, threatening, blackmailing, harassing, discriminatory, racist or xenophobic;

• contains nudity;

• is part of any hate speech;

• infringes the Intellectual Property, image, privacy or any other rights of third parties;

• is false, misleading or shows or promotes illegal or fraudulent activities (including criminal offences);

• contains or refers to a person’s personal data or private or confidential information without that person’s explicit written consent, including ‘doxing’ activities;

• does not satisfy a minimum threshold of quality that can be expected from all Daymakers, taking into account the price and description of the Content, as well as any other circumstance that might reasonably have an impact on the judgement of the quality of the Content;

8.3       With regard to use of the Daymaker Platform in general:

Users shall not use the Daymaker Platform:

• to (cyber)stalk, (cyber)bully, abuse, harass, threaten or intimidate Users or third parties;

• to make it seem that they have an affiliation or sponsorship with the Owner, or that the Content posted, is somehow approved, licensed or endorsed by the Owner;

• to use artificial intelligence, other software or material that is misleading to other Users (including deepfakes and spam) or that is threatening to the functioning and security of the Daymaker Platform (including viruses, trojans and worms);

• to use any robot, spider, screen or database scraper, site research or retrieval application, or other automated device, process or means to access, retrieve any portion of Content or information on the Daymaker Platform;

• to use any of the Intellectual Property rights belonging to the Owner without prior written consent (including use of the Owner’s logo, brand name and trademarks);

• for any other purpose that cannot reasonably be held to be acceptable in light of the Services and intention of the Daymaker Platform.

Users shall have the right to file a complaint if they establish that any of the above user guidelines were not followed and/or their rights were violated. Any person who believes that certain Content on the Daymaker Platform constitutes a copyright or trademark infringement, defamation, misleading advertising, unfair commercial practice, unfair competition, publication of illegal content or any other illegal content can send us a notice.

If a User is established or resides in the EU, they acknowledge that the Owner operates as an Information Society Service as defined in Article 1(2) of Directive 98/34/EC as amended by Directive 98/48/EC. Hence, the Owner falls within the scope of the E-Commerce Directive 2000/31/EC of 8 June 2000. Following Article 14 of the E-Commerce Directive, hosting providers (like the Owner) are not liable for the illegal information stored on their platform at the request of a recipient of the service, if they do not have actual knowledge of illegal activity or information and, as regards claims for damages, are not aware of facts or circumstances from which the illegal activity is apparent. The Owner is committed to providing a secure internet environment. Upon obtaining knowledge or awareness, the Owner will act expeditiously to remove or disable access to illegal Content. Users established or residing in the EU can either click on ‘report an issue’ on the bottom of the Daymaker Platform, or file a complaint by sending an email to info@daymaker.travel.

If a User is established or resides in the USA and uses the Daymaker Platform on its own initiative as explained above, complaints based on Intellectual Property rights shall be filed by sending an e-mail to info@daymaker.travel containing all of the requirements as stated in Section 512 (c) (3) of the DMCA. If a complaint does not relate to Intellectual Property rights, Users can click on ‘report an issue’ on the bottom of the Daymaker Platform, or file a complaint by sending an email to info@daymaker.travel.

Any person who believes that a certain account infringes the above user guidelines or violates their rights, can either report the User concerned through the ‘report’-button next to the account, or send an email to info@daymaker.travel.

The Owner will try its best efforts to investigate complaints in a timely manner and good faith. If the alleged illegal Content is to be found illegal, the Owner will promptly remove or disable access to the Content. By reporting Content or accounts, Users accept that in order to thoroughly investigate the complaint, the Owner can contact them to ask for additional information. When a decision has been reached, the Owner will send the User in question a notification. Non-compliance with the above user guidelines might result in suspension or termination of the account as set out in these General Terms and Conditions. The same actions can be taken if the Owner establishes that the complaint was wholly unjustified, abusive or made in bad faith.

9        TERM AND TERMINATION – SUSPENSION OF ACCOUNT

The Agreement between the Owner and a User regarding the use of the Daymaker Platform and Services is concluded for an undefined term.

You may close your Account at any time by deleting your Account, unless prohibited by applicable law, for example when an investigation is opened against you. Upon terminating your Account you will no longer be able to access the Platform and/or the Services and we will have no further obligation or liability to you under these Terms. You shall not be entitled to any compensation or other payment, remedy, recourse or refund upon terminating your Account. You will remain liable for all obligations related to your Account even after your Account is closed.

We may, at any time, in our sole discretion  and without prior notice suspend or terminate your Account and/or deny or restrict access to the Daymaker Platform for no reason or for any reason, including - without limitation - if you violate these Terms, if we determine that such action is necessary to comply with applicable law and/ or to protect the rights or the interests of the Daymaker Platform, its Services and/or the Owner.

Without limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country or which would involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party; (vi) operate to defraud the Platform and its Services, other users, or any other person or provide false, inaccurate or misleading information; (vii) use the Platform to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, war, tax evasion or money laundering); (ix) interfere with another individual’s or entity’s access to or use of the Platform; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation email addresses, without proper consent; (x) exploit the Platform for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any part of the Platform to the extent permitted by law; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xiii) reformat or frame any part of the Platform; (xiv) display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any part of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Platform for the purpose of creating a product or service that is competitive with any of our Services.

If we decide to suspend or terminate an account, we will notify you by e-mail outlining the reasons for this decision. If you feel that the suspension or termination was not justified, you have the opportunity to file a request for review of the decision. Requests should be directed at info@daymaker.travel.

We will not bear any responsibility for any loss, including but not limited to the loss of data, suffered as a result of a suspension, termination and/or investigation of a request. In case of termination of an Account for any reason, you accept that you will no longer be able to have access to your Content. We preserve the right to deal appropriately with the Account, the remaining Content and/or data in accordance with the provisions of our Privacy Policy.  

10     LIABILITY

Access and use of the Daymaker Platform is at your own risk and under your full responsibility.

You acknowledge and accept therefore that you will use the Daymaker Platform with due care and diligence, complying with all applicable laws and regulations. By using the Daymaker Platform, you acknowledge and agree that once your Content is posted, we are under no obligation to actively monitor any of the Content.

You agree not to hold us responsible or liable for the actions or inactions of other Users or any Content created or posted by other Users. As a condition of access to the Services, you release us (and our officers, directors, shareholders, agents, subsidiaries and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more Users, whether or not we become or may become involved in any resolution or attempted resolution of the dispute.

WITHOUT LIMITING THE FOREGOING AND UNLESS SPECIFICALLY PROVIDED OTHERWISE BY APPLICABLE MANDATORY LAW, UNDER NO CIRCUMSTANCES WE, ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, FOR LOST DATA, LOSS OR DAMAGE TO CLIENTELE, LOSS OF PROFITS, DISRUPTION OF BUSINESS AND/OR REPUTATION OR EXPECTED SAVINGS ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH OUR SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), OR ANY COMPONENT THEREOF, THE WEBSITE, THE SERVER, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

EXCEPT AS MAY BE EXPRESSLY PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT OUR CUMULATIVE LIABILITY TO YOU WILL EXCEED ONE HUNDRED EUROS (€ 100.00), HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

11     DISCLAIMER OF WARRANTIES

While we will use reasonable efforts to ensure that all information and documentation relating to the Daymaker Platform is correct, accuracy cannot be guaranteed and we  cannot assume any responsibility or liability for the accuracy, completeness or authenticity of any information.

We provide the Services including, without limitation, any software, programs, documentation, tools, components, the website

We may on occasion need to interrupt the Services with or without prior notice. You agree that we will not be liable for any interruption of our Services – whether intentional or not – and you understand that, except as otherwise provided in these Terms, you will not be entitled to any compensation for interruption of the Services. Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. Our Services are subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.

We preserve the right at all times, for any reason, and without notice to: (i) restrict, deactivate, suspend and/or terminate access/use to/of the Daymaker Platform (or any part thereof); and (ii) modify or discontinue providing the Daymaker Platform (or any part thereof). You acknowledge and agree that we will not be liable to you and/or to any third party for any termination, suspension or modification to the Daymaker Platform regardless of the reason for such termination, suspension or modification. You acknowledge and agree that your only right with respect to any dissatisfaction with any modification or discontinuation of the Daymaker Platform made by us is to terminate the use of the Daymaker Platform.

12     PERSONAL DATA

The Privacy Policy, available at the link www.daymaker.travel/privacy, describes the personal data of the Users collected by the Owner and the purposes for which the Owner processes such data. The acceptance of the Privacy Policy by the User is a precondition for the conclusion of the Agreement.

Within these General Conditions, there are obligations of the Owner regulated. For the fulfilment of the Owner’s obligations under these General Conditions towards the User, processing of personal data relating to the User is required and partly carried out based on the Owner’s contractual obligations towards the Users. Data processing exceeding the Owner’s contractual obligations is always based on another legal basis in accordance with the Privacy Policy.

When the User carries out data processing independently and separately from the Owner, the User is responsible for ensuring compliance with applicable data protection legislation (in particular, Regulation (EU) 2016/679, the “General Data Protection Regulation”) and applicable national data protection legislation. This includes, but is not limited to, informing data subjects in accordance with Art. 12, Art. 13 and Art. 14 of the General Data Protection Regulation and having a legal basis for the processing of personal data.

The User is generally obliged to provide the Owner only with accurate data. When data referring to the User changes (for example, his/her address or last name) the User shall notify those changes without undue delay by changing his/her account information. Damages and non-compliance arising from incorrect data being provided by the User, are in the User’s sole responsibility, unless applicable data protection legislation stand against a sole responsibility of the User for such damages and non-compliance.

13     APPLICABLE LAW AND COMPETENT JURISDICTION

If a User is located in the USA, disputes regarding these Terms or the Daymaker Platform will be resolved in the federal or state courts located in Wilmington, State of Delaware, USA. Both Parties consent to the exclusive jurisdiction and venue of the Wilmington, State of Delaware courts for the purpose of resolving any such dispute, EXCLUDING THE POSSIBILITY OF INJUNCTIVE OR INTERIM RELIEF IN ANY COMPETENT COURT. If a User is based in the USA, Delaware law, excluding its conflict of law provisions, governs these Terms and all other policies (including, without limitation, the Privacy Policy), and any dispute that arises between the User and the Owner.

PARTIES HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

IN THE EVENT THAT THE USER IS BASED IN THE USA AND THE STATE OR FEDERAL COURTS OF DELAWARE DETERMINE THAT THEY HAVE NO COMPETENCE TO TAKE COGNIZANCE OF THE DISPUTE BETWEEN THE PARTIES, EACH PARTY SHALL BE ENTITLED TO OBTAIN AN UNQUALIFIED ORDER OF DISMISSAL BEFORE ANY STATE OR FEDERAL COURT IN THE USA; IN SUCH CASE, PARTIES AGREE THAT ANY DISPUTE BETWEEN THEM SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION (ICDR) RULES OF PROCEDURE BY A SINGLE ARBITER. THE PROCEEDINGS SHALL BE IN ENGLISH AND THE SEAT OF ARBITRATION SHALL BE WILMINGTON, DELAWARE UNLESS THE PARTIES AGREE ON A DIFFERENT SEAT OF ARBITRATION.

If a User is located outside the USA, the European Economic Area or Switzerland, these Terms shall be governed by and construed in accordance with Belgian law, without regard to its choice of law provisions. The courts of Antwerp, Belgium shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with these Terms or the Daymaker Platform.

If a User is located outside the USA and can be considered as a “consumer” within the meaning of article 17 of EU Regulation No 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters, all disputes arising out of or in connection with these Terms or the Daymaker Platform shall finally be settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with hose Rules (https://www.cepani.be/contact-us/). The arbitral tribunal shall be composed of one or three arbiters depending on the value of the User’s claim as determined by the CEPANI Rules of Arbitration. The proceedings shall be conducted in English and the seat of arbitration shall be Brussels, Belgium; the applicable law shall be Belgian law.

14     MISCELLANEOUS

Entire Agreement – These Terms and the Daymaker Platform’s Privacy and Cookie Policy constitute the entire agreement between a User and the Owner relating to the Daymaker Platform and its Services, including all updates/upgrades aimed at replacing and/or supplementing the original platform, and the User’s access to and use thereof.

Assignment – This Agreement may not be assigned or transferred by the User, without the prior written consent of the Owner. The Owner may assign its rights and transfer its obligations at any time provided it ensures that User’s rights are still adequately safeguarded after that transfer.

Feedback – If a User provides any feedback to the Owner concerning the functionality and performance of the Daymaker Platform (including identifying potential errors and improvements), he/she hereby assigns to the Owner all right, title, and interest in and to such feedback, and the Owner is free to use such feedback without payment or restriction.

Severability – If any provision of these Terms shall held to be invalid, illegal or unenforceable, in whole or in part, the User and the Owner shall be relieved of all rights and obligations arising under such provision but only to the extent that such provision is invalid, illegal or unenforceable and provided that each such provision shall be modified to the extent necessary to make it valid, legal and enforceable whilst preserving the intent of the User and the Owner. All other provisions of these Terms shall be regarded as fully valid and enforceable unless otherwise proved.

No waiver – The Owner’s failure to enforce any provision of these Terms or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.

15     CONTACT

Any questions about our Services, the Daymaker Platform and/or these Terms can be directed to info@daymaker.travel.

Latest update: 15.03.2022