Terms And Conditions
Article 1. Applicability
Article 2. Definitions
In these terms and conditions shall apply:
1. Account: collection of data related to a particular user. The data can be accessed and modified through the website Redinton Media after providing corresponding credentials;
2. Advertiser: the (company) person who uses the Web site to place ads and contractual party to the Agreement with Redinton Media within the meaning of Article 6: 231 BW sub c;
3. Advertising: The publication that is intended to invite a Carrier to place a bid for the transportation request;
4. Bid / Offer (s): the quotation with regard to an ad which is published as a Transport request;
5. Content: all ads, messages, data, information, text, music, sound, photographs, video and other (digital) material;
6. Services: all provided services through Redinton Media on its website or otherwise concerning to the use of the Platform, including placing an ad and the release of a Bid;
7. Use (s): Falling under "use" in these conditions any use of the Website including, but not limited to loading (upload), save (download), logging, consult, read, watch, listen, editing, completing (forms), sending, (temporarily) copying, saving, transmitting, distributing, using services, follow links to other websites and perform legal acts;
8. User: the (company) person who uses the Site, including in any case: the Advertiser and the Carrier.
9. Agreement: The agreement between Redinton Media and a User who may use continuously Redinton Media paid and/or free services;
10. Parties: Redinton Media and Users together;
11. Commisions: Pre-negotiable percentage of the total agreed amount between the Advertiser and Carrier or negotiable contract with respect to the implementation by the Carrier of the Transportation Contract;
12. Redinton Media: Website Owner - Redinton Media S.R.O. - and contractual counterparty to the Agreement with the User within the meaning of Article 6: 231 sub b BW;
13. Transport ad: the ad placed on the website by an advertiser for the carriage of goods;
14. Transport Agreement: the agreement between an advertiser and a Carrier on which the Carrier will transporting the goods after being commissioned and payed by the Advertiser;
15. Carrier: The (ltd.) person who carries on transport goods and uses the Website to make bids and contractual counterparty to the Agreement with Redinton Media within the meaning of Article 6: 231 c of the Civil Code;
16. Written: in "writing" in these terms also communication by e-mail, fax or electronically (eg via an online interface) provided the identity of the sender and integrity of the contents sufficiently established.
17. Website: The Redinton Media website, reachable at: www.bidtrans.nl.
Article 3. Purpose of the Website
1. The website offers Advertisers the opportunity to place an ad in the field of transport. Advertisers can utilize Bidtrans for a call to transport their goods, the Website offers carriers the opportunity to make an Offer on ads. Before the Advertiser and Transporter can use these services, they must create an account.
2. After the User has created an account, the correctness of the business data specified by the User will be verified. Once this information is verified by Redinton Media, the User’s account will be activated and the User will be able to create (free and paid) Ads. Once the User has placed an Ad on the Website, it will be searchable and visible to the visitors to the Website. When a visitor search the Website, the Website will display the relevant results from its database to the visitor. The above verification applies only to companies that create an account. The verification process is not applicable for private users.
3. After the Carrier has created an Account, the (Company’s) data provided by the Carrier will be checked for correctness. Only when this information has been verified by Redinton Media, the Carrier may place bids on Ads. When a Carrier is interested in a Transport Order placed by an Advertiser, he may make a Bid on the relevant Transport Order via the Website.
4. When displaying an ad and when submitting a Bid, User’s contact details trough the Website are hidden.
5. First, when the advertiser accepts the Offer of the Carrier, Redinton Media will contact both users simultaneously , so they can close the Transportation Agreement with each other. Redinton Media is in no way part of the established Transport Agreement between the advertiser and a Carrier. Redinton Media brings supply and demand together, while only acts as a Internet platform (mediator).
6. Redinton Media does not guarantee that the displayed search results are always complete, correct and up-to-date.
7. Redinton Media does not warrant that the use of its Website, such as creating an account, place a paid ad, searching for Transportation Contracts, etc. in fact any agreement between the advertiser and a Carrier is made. Also Redinton media does not warrant that any mention on the website or in the database of Redinton Media will lead to any agreement with any other user.
Article 4. Duration, termination and rates
1. When the User creates an Account, Redinton Media and the User enter into an Agreement which allows the User to make continuous use of Redinton Media Services, such as placing free and paid Ads as well as submitting a bid on an ad (applicable only for verified companies).
2. An agreement is concluded after the user has completed all the necessary steps in the online registration process successfully and confirmed by Redinton Media in writing (e-mail). the written
confirmation Redinton Media is deemed to represent the Agreement accurately and completely, unless the user raises an objection in writing within 3 working days.
3. All agreements are concluded for an indefinite period. The Agreement may be terminated by the user at any time by giving notice of his account via the Website.
4. In the event of termination of the Agreement, the Account and any associated ads and Bid will be removed immediately after the termination of the Website, except for paid ads. These will be shown for the agreed period, after which they will be removed. Redinton Media is not required in this case to keep the account of the user related data stored.
Article 5. Billing and Payment
1. Unless there is a free service provided, the Advertiser must pay the costs for placing an ad directly (when placing) online to comply in a manner specified by Redinton Media (Ideal, credit card, PayPal, etc. ).
2. Following the establishment of the Transport Agreement the Transporter will receive an invoice from Redinton Media. with respect to the Redinton Media payable fee.
3. Once the invoice is issued, it should be paid within 14 days at the specified IBAN account in Euros and without setoff or discount.
4. If a user has not fulfills its payment obligations within payment period, Redinton Media can block the user legally in default without further notice for this purpose is required. As appropriate, Redinton Media is entitled to suspend its services and keep suspended until such time as the user with has met all its payment obligations to Redinton Media.
5. The Advertiser has from the moment of default occurred on the amount due the statutory interest. All (extra) judicial costs which Redinton Media is to obtain satisfaction - both in and out of court - from this point on behalf of the Advertiser. In that case Advertisers pay a fee of at least 15% of the outstanding amount, with a minimum of € 150.00. If actual Redinton Media be incurred and to be incurred exceed this amount, they are also recoverable.
Article 6. Changes in fees and commission
Redinton Media is entitled to adjust its rates and fee at any time and at its discretion. Changes in rates and fee only apply to new places ads and agree Transportation Agreements. Changes in fees and commission shall be notified at least 30 days notice in writing to the user. If the user does not agree with the proposed change, the user has the authority to terminate the Agreement with Redinton Media in the manner described in Article 4.
Article 7. Use of the Website
1. Each user can create up to one account, unless the user has received written consent from Redinton Media for creating multiple accounts.
2. The User is fully liable for all actions performed by the user via the Account and indemnify Redinton Media all damages and claims arising from these transactions.
3. The user will only provide contact information in ads and bids in the appropriate fields of the Web site for this information where it is intended by Redinton Media. Contact information here is all the information that could lead to the laying of writing, by telephone or other verbal contact with the user.
4. The User represents and warrants that the information and data that the user puts on the Website is accurate, complete and up-to-date.
5. The user is responsible for the Content that they post on the Website. The user assumes all risks associated with the use of their content by third parties, including any reliance on the accuracy, completeness or usefulness, as well as the disclosure by the User Content that personally identifies the User.
7. The User expressly - but not exclusively - are banned:
A. Before a Bid is accepted, business or contact information is sent to a user making it possible for the user to contact the other user who posted an ad or Offer, without visiting the Website;
b. to offer products or services on the Website that are banned or are illegal and which are punishable by law;
c. use the Website in such a way that there is an infringement of third party rights;
d. use the Website for fraudulent acts;
e. use the Website to distribute computer viruses or material with a defamatory, obscene or (be) threatening character;
f. use the Website for dissemination of material for promotional or publicity purposes (SPAM) without previously having obtained the prior written consent of Redinton Media, unless the recipient has expressly requested the transmission of it;
g. Unlawful use of the Website or the information contained therein and / or presentation of content;
h. such use of the website that the website being damaged, distorted, interrupted, stop put, overloaded or otherwise made less efficient;
i. for without the prior written approval of Redinton Media in any medium to distribute a portion or portions of the Site, including, but not limited to Content published on the Website;
J. To alter or modify any part of the Site and / or the associated systems, programs, services and / or technology;
k. to (attempt to) circumvent the Website security related features to disable or otherwise interfere with it;
l. for without the prior written approval of Redinton Media for corporate applications to make use of the Website or the contained systems, programs, services and / or technology. This prohibition includes:
- i. (re) sell access to the Website and / or the Redinton Media Services on another website, especially for the purpose of gaining advertising and / or (subscription) revenue; and / or
- ii. the further spread of the offered Services by Redinton Media, including with the aim to generate income through business activities that are substantially similar or comparable business activities driven by Redinton Media;
m. For (part of) the content of the Website or (personal) Website visitor’s data, whether or not are used by automated systems to collect personal data. (WT: “which might be used by automated systems, or in a manual way, to collect personal data)
8. If there is any violation by the User concerning these provisions of this Article, Redinton Media reserves the right to block the account of the user and the display and transmission of the associated ads and bids trough his Account. They will be suspended until the user of the Website meets the requirements with Redinton Media, and also without forcing Redinton Media to be liable to the User for any damages or compensations.
9. Any damage that Redinton Media suffers as a result of non-compliance of these conditions by the user, will be recovered in full to the user by Redinton Media.
Article 8. Advertisements and Bids
1. By placing Ads, Advertisers can offer a Transport order. Advertisements should therefore relate directly or indirectly to the transport of goods.
2. The Advertiser shall ensure that the description of the Transport offer corresponds to reality and therefore is correct and complete.
3. The Carrier undertakes to ensure that the cast Offer corresponds to reality and therefore is correct and complete. It is not allowed to the Carrier knowingly to release a lower Offer hoping thereby to obtain the contact details of the advertiser and then - outside of the site - to make otherwise price-fixing and thus reduce the fee.
4. Redinton Media is free to display any new Content, thereof including Ads and Bids or edits, when is needed after approval. As a criterion, the guidelines provided by Redinton Media on its Website and in these terms and conditions regarding the content of Ads and Bids are subject to this article.
5. It is expressly forbidden to place ads and bids on the Web site or to deliver the content of which is contrary to the guidelines given by Redinton Media on its Website and these Terms related to the content of ads and Bids.
6. Redinton Media reserves the right to shorten, refuse, modify or delete images and texts of Ads and Bids, messages or comments without prior notice or statement of reasons. Redinton Media will only deal with this in the following cases:
- The advertisement or Offer is incorrect, incomplete or in violation of the terms of these terms and conditions;
- The advertisement or Bid has been placed in a wrong category;
- The advertisement or bidding infringes the intellectual property rights of third parties;
- The advertisement or the Offer may in any other way cause damage to the property of third parties;
- The advertisement or Offer is placed in more than 1 category or otherwise double or wrong;
- The advertisement or Offer is discriminatory, offensive, insulting or otherwise illegal.
- The advertisement or the Offer is intended to directly promote (in) another company or activity than it is intended for;
- The advertisement or Bidding is not prepared according to the guidelines established by Redinton Media;
- The Ad or Bidding is from an Advertiser who has not fulfilled its payment obligations;
- The Ad or Bidding does not match the purpose of Redinton Media or the Website.
Article 9. Modifications and Maintenance
1. Site and the Services of Redinton Media offered "as is". Redinton Media is not obligated to make changes or improvements to the Site or the Services.
2. Redinton Media does not guarantee that the site will be uninterrupted and will be free of errors or that third parties will not be unlawful (will) using its systems.
3. It is Redinton Media allowed to change the Site and the Services at any time and at its own discretion and as far Redinton Media deems necessary. Redinton Media SRO does not do prior consent of the appropriate user.
4. It is Redinton Media free to remove the Site or a portion of it, to close for use or otherwise inaccessible, for example for maintenance or fault repair or her site and the underlying systems, in whole or in part, to be temporarily out of service, without thereby being obliged to pay any compensation or refund to the User. Redinton Media is not compulsory on the outside in advance the User used to be (part of) the website informed.
Article 10. Intellectual property
1. The Content on the Site is copyrighted and may not be stored without the prior written consent of Redinton Media (except for the Content that is required to view the website), reproduce, modify, publish, distribute or send, sell or otherwise transfer or grant any rights over.
2. The user gives Redinton Media by posting Content on the Website a non-exclusive, perpetual, transferable, irrevocable and sub-license rights, without receiving any royalties or other compensation to use the Content, reproduce, adapt, translate, distribute, publish and create derivative works, and to make the content in all known and future media, publish, reproduce or to use it for promotional purposes.
3. Furthermore, the User entitles Redinton Media, as licensee of their content, in the title, to take legal action against third parties that infringe the rights to the content and against third parties that unlawful acts against the Content and to recover such legal proceedings in its own name and a ban, damages and / or surrender of profits in its own right.
4. The User gives Redinton Media the power of attorney, if and to the extent Redinton Media cannot act against the previous sentence reported infringements / illegal acts, to act legally on behalf of the user against third parties that infringe the rights of the user regarding the content and against third parties who act unlawfully towards the user with respect to the Content.
Article 11. Liability
1. Redinton Media aims to ensure the proper functioning of its website and the underlying systems purpose and strives for maximum availability and accessibility. Redinton Media is however not guarantee that its website or the underlying systems always operate trouble-free and non-stop. Redinton Media notes in this regard that it is dependent on this third party. Redinton Media is not liable in the event external causes to the functioning of its Website or the underlying systems stand in the way, also Redinton Media not held in that case to any refund or compensation.
2. Redinton Media takes all reasonably necessary (precautionary) measures to ensure the best possible security of its Website and its underlying systems. Part of this is the secure storage of (personal) data and the transmission of (personal) data through a secure internet connection (SSL). The User remains responsible for the (security of) information that is transmitted by the Internet. As a result, Redinton Media (regardless of whoever is responsible) is not liable for damage and / or loss resulting from a violation or violation of the security or security of the Redinton Media Website, the underlying systems or by Redinton Media Stored (personal) data. The User indemnifies Redinton Media for any claim which may or may be a violation of, or violation of, the security or security of the Redinton Media Website, the underlying systems or personal data stored by Redinton Media.
3. Redinton Media shall never be liable in any way for any damage, direct or indirect, in any way caused by or arising from:
a. the usage of the website Redinton Media;.
b. Software errors in the website of Redinton Media;
c. Inaccessibility to Redinton Media's Website, due to technical reasons, incorrect URL or non-functioning email address of the User;
d. maintenance and emergencies;
e. inaccurate, incomplete or outdated content of the Website, including profiles;
f. the possible consequences of the actions under mentioned on the website content;
g. unauthorized access to or unauthorized use of the Website or systems of Redinton Media SRO by third parties;
h. the unexpected loss of information or data from the User;
i. consequential damages, personal injury, lost profits, lost savings and damage due to business interruption.
4. In the communications between users or between the user and Redinton Media is Redinton Media in no way responsible for misunderstandings, delays or groceries or unclear communications caused by the use of Redinton Media Website.
5. Redinton Media is in no way part of an established Transport Agreement between the advertiser and a Carrier. Redinton Media brings supply and demand together, while only acts as an Internet platform (mediator). Therefore Redinton Media accepts no liability for:
a. damage caused to the goods during transport.
b. loss suffered by the user as a result of an established Transport Agreement reached through the website;
c. damage by a third party which is linked to the Transport Agreement;
6. Advertiser is responsible to ensure adequate transport insurance to cover the value of the goods to be transported in the case of (among others) damage, theft or loss.
7. The limitation of liability for damages contained in these Terms and Conditions do not apply if the damage is due to intent or gross negligence caused by Redinton Media.
Article 12. Refunds
1. Once the payments are made they will not be refunded to the User Unless Redinton Media will be held for this purpose on the basis of a mandatory statutory provision.
2. If the Advertiser cancels the agreement during an ongoing advertisement period, the ad is displayed until the Ad is expired. There is in not any case a refund of money paid instead. Continuing there will be under no Circumstances refund of money paid in case when:
a. Ad by Redinton Media will not be displayed due to incomplete or late payment of sums due;.
b. Advertisers acts Contrary in any way to the general conditions;
c. The Advertiser decides to remove the Ad before the expiration date listed on his Ad;
d. Website that is Temporarily unusable or inaccessible due to a fault of any kind;
3. When an Offer is accepted by an Advertiser and canceled by him at later stage, Redinton Media can decide to refund the paid commission back to the Carrier. By Carrier’s request, Redinton Media will, on an individual case, assess whether the canceled Transport Commitment is eligible for a refund.
Article 13. Transmission of Content and personal data
By Redinton Media collected (personal) data through the Website are in accordance with the Data Protection Act and handled with care and stored. The data collected by Redinton Media are exclusively used to chart the surfing habits of the user and so Redinton Media to enable to optimize the website. Redinton Media do not sell, trade or rent any personal information to third parties unless Redinton Media contacts the User for a permission.
Article 14. Links to other websites
The website Redinton Media may contain links to third party websites. Redinton Media is in no way responsible for the content of the websites we link to. Any links by Redinton Media does not in any way imply approval of the content of these websites or web pages.
Article 15. Indemnification
The User indemnifies Redinton Media for any third party claims, including third party claims (including at least User and other visitors) who suffer damage as a result of the use of the Website and the cause of which is attributable to the User. If Redinton Media were to be used by third parties for this purpose, then the User is obliged to assist Redinton Media both outside and in court and without delay doing anything that may be expected of him. If the User fails to take appropriate action, then Redinton Media will be entitled to do so without notice. All costs and damages on the part of Redinton Media and third parties result from this, are entirely at the expense and risk of the User.
Article 16. Complaints
1. Complaints about the services of Redinton Media, the operation of the Website or thereon Content may in writing via the online Website made available with the contact form to Redinton Media be disclosed or by e-mail to: [email protected] or by phone: +31 (0)85 – 86 40 120.
2. Complaints must be reported within 30 days after the arise of the complaint to Redinton Media.
3. Redinton Media endeavor to answer and act within 30 days to satisfy the latest complaints within five days.
4. Complaints which are not described in these regulations or not addressed to Redinton Media within the given time span, will be not considered by Redinton Media.
Article 17. Applicable law and choice of forum
1. The use of the Website and any contract closed by Redinton Media is only concluding the Dutch law.
2. All disputes arised from this agreement or any further agreements resulting from, shall be settled in accordance with the Arbitration Rules of the Dutch Arbitration Institute in compliance with the following provisions:
a. The arbitral tribunal shall consist of one arbitrator;
b. The place of arbitration shall be in Amsterdam;
c. The procedure will be conducted in Dutch language.
3. In case of explanation of the content and scope of these general conditions and in case of conflict between the content or interpretation of any translations of the present general conditions and the Dutch version, the Dutch version prevails.