Algemene Voorwaarden DJ MATCH
These terms and conditions govern your use of the DJ MATCH platform (the “Platform”). The Platform connects DJ’s around the world with event organizers or managers, booking agents and other parties seeking to book a professional DJ via the internet (the “Services”).
The Platform is offered by DJ MATCH Europa B.V., a private company located in 2314 VJ Leiden, Lekstraat 88a, the Netherlands and registered with the Dutch Chamber of Commerce under number 68886187 (“DJ MATCH”). Please visit www.djmatch.com for detailed information.
Article 1. Definitions
The capitalized terms used in these Terms and Conditions, both in the singular and the plural, are understood to have the meaning as described in this article.
1.1 Account: the personal account of the End User providing access to certain parts of the Platform and allowing the End User to use the Services.
1.2 Agreement: the agreement between the Parties under which DJ MATCH provides its Services to the End User, including these Terms and Conditions.
1.3 Booking: the agreement between the DJ and the Organizer under which the DJ will perform at the agreed date, time and venue and against payment of the Performance Fee.
1.4 DJ: any natural or legal person, not being a consumer, that uses the Platform to offer its services against payment of the Performance Fee.
1.5 End User: every user of the Platform, both the Organizer and the DJ.
1.6 Intellectual Property Rights: all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain name rights, trademark rights, brand rights, model rights, neighboring rights, patent rights and rights to know-how.
1.7 Materials: all materials, including but not limited to websites, logo’s, leaflets, images, texts, video’s, music tracks, mixtapes and all other intellectual creations made available under the Agreement.
1.8 Organizer: any natural or legal person, either a consumer or a professional party, that uses the Platform to make a Booking.
1.9 Parties: the parties to the Agreement, DJ MATCH and the End User.
1.10 Performance Fee: the amounts that are due and payable by the Organizer to the DJ after a successful Booking in consideration for the services provided by the DJ.
1.11 Privacy and Cookie Statement: the privacy and cookie statement of DJ MATCH with regards to the Platform and available via the Website.
1.12 Service Fee: the amounts that are due and payable by the Organizer to DJ MATCH after a successful Booking in consideration for the Services provided by DJ MATCH.
1.13 Terms and Conditions: these terms and conditions.
1.14 Third Party Account: the personal account of the End User for a third party service that can be used to register to the Platform, such as a Facebook or Google account.
1.15 Website: www.djmatch.com
Article 2. Registration
2.1 In order to access certain parts of the Platform and use the Services, the End User must register himself. The End User can either create an Account directly on the Platform, or register by logging into a Third Party Account. In the latter case, the End User:
a. grants DJ MATCH the right to access and use the Third Party Account for the performance of the Agreement and in accordance with these Terms and Conditions and the Privacy and Cookie Statement;
b. understands DJ MATCH, depending on the privacy settings of the Third Party Account and the authorizations granted to DJ MATCH, may access and process personal information and other Materials the End User stored or made available via the Third Party Account;
c. represents and warrants that the End User is entitled to disclose its Third Party Account information and grant DJ MATCH access to the Third Party Account, without breach of any terms and conditions applicable to such Third Party Account;
d. understands that when the End User revokes his authorization of DJ MATCH to access and use the Third Party Account or deletes the Third Party Account, the End User will no longer have access to the Services and will not be able to login to the Platform.
2.2 The End User confirms the information provided to DJ MATCH during the registration process is complete and correct. Furthermore, the End User agrees to receive any communication related to the Agreement on the email address provided to DJ MATCH. The End User shall directly update the Account in case the information provided to DJ MATCH becomes obsolete or is in any other way incorrect.
2.3 The End User is only permitted to register an Account under his own name and with his own personal information. It is explicitly forbidden to register an Account by using the name or personal information of another person (even with his permission), or register an Account under a pseudonym or alias. The End User shall not disclose or transfer his login details to a third party.
2.4 The End User is solely responsible for keeping its login credentials secure and is aware that loss or leakage thereof may lead to unauthorized use of the Platform. All actions undertaken from the Account will be regarded as taking place under the supervision of the End User. DJ MATCH cannot be held liable in case of unauthorized use of the Account.
2.5 As soon as the End User knows or has reason to believe that its login credentials have been leaked or came into the hands of an unauthorized third party, the End User must immediately inform DJ MATCH and take all measures necessary to prevent misuse of the Account.
2.6 DJ MATCH preserves the right to refuse an End User, or to block or remove an Account in case of violation of these Terms and Conditions or on other reasonable grounds.
3.2 DJ MATCH only fulfills a mediatory role on the Platform and is not responsible for information and Materials (such as profile information and reviews) made available via the Platform by the End User. It is explicitly forbidden to use the Platform (even if legally permitted to do so):
a. to willfully distribute malware or any other harmful software;
b. to store or make available information or Materials that infringe upon any Intellectual Property Rights or other third party rights;
c. to promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;
d. to store or make available Materials that are threatening, libelous, defamatory, obscene, erotic, misleading, offensive or unlawful in any way whatsoever;
e. in any manner that may cause hindrance for other users of the Platform, or that may damage and/or impede the systems and networks of DJ MATCH or third parties.
3.3 The End User acknowledges and agrees that DJ MATCH does not pre-screen any information and Materials stored or made available by the End User via the Platform.
3.4 If a third party reports information or Materials to DJ MATCH, or when DJ MATCH becomes aware of any (potential) violation of the provisions of this article, DJ MATCH will have the right to modify or remove the information and Materials, without providing a prior notice to the End User.
3.5 DJ MATCH may disclose the name, address and other identifying information of the End User to a third party when it receives a complaint about the information or Materials made available by the End User via the Platform, provided that:
a. it is sufficiently plausible that the information or Materials are unlawful and harmful for the third party;
b. the third party can demonstrate that it has a real interest in obtaining the identifying information of the End User;
c. it is plausible that the identifying information of the End User cannot be obtained by using less far-reaching means;
d. the interests of the third party in obtaining the identifying information of the End User ought to prevail over the interests of DJ MATCH and the End User.
3.6 The Platform may contain information and Materials derived from or referring to websites and services of third parties (for instance through hyperlinks, banners or buttons). DJ MATCH is not responsible, nor liable for such information and Materials.
3.7 End Users are obliged to follow all reasonable instructions of DJ MATCH with regards to the Platform and the Services.
Article 4. Availability and maintenance
4.1 DJ MATCH will make all reasonable efforts to keep the Platform available, but cannot make any guarantees in this regard.
4.2 DJ MATCH may from time to time change the (functionality of the) Platform. Feedback and suggestions of the End User are welcome, but DJ MATCH makes the final decision on which changes it will implement.
4.3 DJ MATCH preserves the right to temporarily take the Platform out of operation for the purpose of maintenance, adjustment or improvement. DJ MATCH endeavors to notify the End User in due time and will attempt to let such activities take place when use of the Platform is relatively low. However, DJ MATCH is in no case liable for any damages that result from the Platform being temporarily unavailable.
4.4 If DJ MATCH considers that there is a danger to the functioning of its systems, networks or the Platform, DJ MATCH will have the right to take all measures it considers reasonably necessary to avert or prevent this danger.
Article 5. Support
5.1 It is recommended to consult the Frequently Asked Questions (“FAQ”) on the Website in case of technical or practical issues. When the FAQ do not help resolve the issue, the End User may directly contact DJ MATCH. Please find further information and current contact details on the Website or at the end of these Terms and Conditions.
Article 6. Booking terms
6.1 The Platform enables Organizers and DJ’s to arrange a Booking directly via the internet. DJ MATCH only fulfills an intermediary role and is not a contracting party to the Bookings made via the Platform. Bookings are made under the own responsibility of the End User.
6.2 The Organizer can request a Booking directly via the Platform. The DJ must confirm the request within 24 hours. If the request is not confirmed in time, the Booking will automatically be cancelled by DJ MATCH. In all other instances, the Booking can be cancelled by mutual agreement between the Organizer and the DJ.
6.3 DJ MATCH is not a contracting agent and there is no fiduciary relationship between DJ MATCH and the DJ’s that use the Platform. The DJ’s offer their services independently and shall not be considered to be an employee or Organizer of DJ MATCH.
6.4 The DJ is solely responsible for compliance with any laws and regulations (such as tax laws) that are applicable to the services provided to the Organizer. The DJ is recommended to obtain appropriate insurance to cover the risks related to his professional activities.
6.5 The DJ shall provide its services to the best of his ability and knowledge, exercising due care and expertise. If DJ MATCH receives any complaints from Organizers or third parties with regards to (the services provided by) the DJ, then DJ MATCH will have the right to take all measures it considers reasonably necessary. Depending on the nature and gravity of the complaint, DJ MATCH will, at its own discretion, give the DJ an official warning, or (temporarily or indefinitely) block or remove his Account.
6.6 For any Bookings made via the Platform, the right of cancellation (“herroepingsrecht”) as laid down in article 6:230o of the Dutch Civil Code shall be excluded.
Article 7. Booking fees
7.1 Creating an Account for the Platform is free of charge. However, the Organizer shall pay a Service Fee to DJ MATCH for any Bookings made via the Platform. The Service Fee shall be paid directly to DJ MATCH via the Platform when a Booking request is made. DJ MATCH will send the End User an invoice by email after the Booking is confirmed.
7.2 In addition to article 7.1, the Organizer shall owe the DJ a Performance Fee for his services. The Performance Fee is determined by the DJ and can either be paid in advance via the Platform, or in any other manner agreed upon between the Organizer and the DJ. The DJ is responsible for providing an invoice for the amounts due by the Organizer and the collection thereof.
7.3 Both the Service Fee and the Performance Fee are communicated via the Platform and may vary depending on the date, time and venue for a given Booking.
7.4 All amounts communicated via the Platform are in euros.
Article 8. Intellectual Property Rights
8.1 All Intellectual Property Rights pertaining to the Materials belong solely to DJ MATCH or its licensors. The End User only obtains the rights explicitly granted under these Terms and Conditions.
8.2 DJ MATCH hereby grants the End User a revocable, non-exclusive and non-transferrable license to use the Materials for the duration of the Agreement. The End User is explicitly not allowed to:
a. make copies of the Materials or use the Materials in any manner that falls outside the scope of these Terms and Conditions;
b. sublicense and distribute or otherwise make available the Materials to third parties without prior written approval of DJ MATCH;
c. modify the Materials in any way, or remove or modify any designations regarding the Intellectual Property Rights of DJ MATCH or its licensors;
d. reverse engineer, decompile or otherwise attempt to derive the source code from the Platform, except to the extent permitted by mandatory law.
8.3 DJ MATCH preserves the right to take technical measures in order to protect the Materials against unlawful or unauthorized use. If such measures are taken by DJ MATCH, the End User is not allowed to circumvent or remove the measures taken.
Article 9. User data
9.1 Information and Materials stored or made available by the End User while using the Platform remain the property of the End User or its licensors. DJ MATCH however obtains a worldwide, non-exclusive, transferrable license to use this information and Materials for providing its Services in accordance with these Terms and Conditions. DJ MATCH will delete all information and Materials of the End User after termination of the Agreement.
9.2 The End User represents and warrants that the information and Materials stored or made available via the Platform do not infringe upon any rights (including Intellectual Property Rights) of third parties and are not libelous, defamatory, or otherwise illegal. The End User shall indemnify and hold DJ MATCH harmless from and against all claims of third parties related to the foregoing representations and warranties.
Article 10. Privacy and personal data
10.1 During registration and use of the Platform, DJ MATCH may process certain personal data of the End User. DJ MATCH only processes personal data if and insofar this is necessary for providing its Services. Please read our Privacy and Cookie Statement for more information.
Article 11. Liability
11.1 DJ MATCH is an intermediary as described in article 6:196c of the Dutch Civil Code and is therefore not responsible nor liable for any information and Materials made available via the Platform by the End User.
11.2 DJ MATCH only charges a limited Service Fee and cannot accept unlimited liability. Hence, the liability of DJ MATCH for direct damages incurred by the End User on whatever ground, is limited per damage-causing incident (whereby a series of events counts as a single incident) to the Service Fees paid by the injured Organizer, or the Services Fees paid for the Bookings of the injured DJ, during three months prior to the incident.
11.3 Direct damage is exclusively understood as the reasonable expenses incurred by the End User (1) to remedy any shortcomings of DJ MATCH, (2) to determine the cause and the extent of the damage and (3) to prevent or limit the damage.
11.4 The liability of DJ MATCH for indirect damages, including but not limited to consequential loss, loss of earnings, missed economies, loss of (business) data and damage due to business stagnation, is excluded.
11.5 Any liability limitations referred to in these Terms and Conditions shall not apply if and insofar the damage is the result of willful misconduct or deliberate recklessness (“opzet of bewuste roekeloosheid”) on the side of DJ MATCH.
11.6 The End User shall inform DJ MATCH as soon as possible in writing if any damages occur. DJ MATCH cannot be held liable for damages that where not reported within 1 year after the occurrence thereof.
11.7 Any liability limitations and indemnifications contained in these Terms and Conditions shall not apply if the End User is a consumer and insofar the provisions are unreasonably onerous (“onredelijk bezwarend”) for the End User.
Article 12. Force majeure
12.1 DJ MATCH is not obliged to provide its Services or to comply with its obligations under the Agreement in the event of force majeure (“overmacht”). Furthermore, DJ MATCH is not liable nor accountable for any damages resulting from a situation of force majeure.
12.2 DJ MATCH shall in any case be entitled to invoke force majeure in the event of failures in the internet or telecommunication infrastructure, (distributed) denial of service or other network attacks, power failures, virus infections, hacker attacks, changes to the law, failures of suppliers or third parties, accidents, fires, floods, actions of government, labor disputes, disasters, insurrections, explosions and restrictions on import or export.
12.3 If a situation of force majeure continues for more than 3 months, both Parties shall be entitled to terminate the Agreement, without being liable or accountable for any damage resulting therefrom.
Article 13. Confidentiality
13.1 Both Parties shall protect any information that is marked as confidential, or of which the receiving Party should understand to be regarded as confidential (“Confidential Information”) by a reasonable degree of care against unauthorized disclosure. The Parties shall use Confidential Information solely for the performance of the Agreement.
13.2 Each Party warrants that any employees or third parties that have a need to know the Confidential Information are bound to confidentiality provisions that are at least as stringent as the confidentiality provisions contained in these Terms and Conditions.
13.3 Upon first request of the disclosing Party, as well as directly after termination of the Agreement, the receiving Party shall destroy or delete all Confidential Information in its possession and report to the disclosing Party that it is destroyed or deleted.
13.4 The provisions of this article shall continue to be effective after the expiration or termination of the Agreement, as long as the disclosing Party can reasonably expect the receiving Party to keep the information confidential.
Article 14. Term and termination
14.1 The Parties enter into an Agreement as soon as the End User completes the registration process as described in article 3. DJ MATCH will send a confirmation by email directly after the End User completed the registration process. The Agreement is entered into for an indefinite period of time.
14.2 The End User may terminate the Agreement at any time by closing its Account via the settings page on the Website. Termination shall not affect current Bookings. Obligations of the Parties that accrued prior to the termination of the Agreement shall survive the termination, including but not limited to any payment obligations.
Article 15. Amendments
15.1 DJ MATCH preserves the right to amend these Terms and Conditions at its own discretion. The End User will be informed about amendments by email at least 30 days in advance. However, changes can be made without prior announcement if the changes:
a. are of minor importance in the opinion of DJ MATCH;
b. are necessary because of new or amended legislation.
15.2 If the End User wishes not to accept the amended Terms and Conditions, the End User can terminate his Account until the date the amendment will take effect. Logging into the Account after the amendment has taken effect, shall be deemed as acceptance.
Article 16. Applicable law and dispute resolution
16.1 The Agreement is governed by Dutch law. Unless mandatory law dictates otherwise, all disputes arising from and/or in connection with the Agreement, which cannot be resolved amicably, shall be brought before the competent Dutch court in the principal place of business of DJ MATCH.
Article 17. Miscellaneous
17.1 The term “written” or “in writing” in these Terms and Conditions also refers to email communication, provided that the identity of the sender and the integrity of the communication is adequately established.
17.2 If any provision in these Terms and Conditions is legally void, or otherwise unenforceable, this shall not affect the validity of other provisions contained herein. In such case, the Parties shall determine a replacement provision that is legally valid and approximates the intent of the provision in question as much as possible.
17.3 The version of any communication between the Parties received or stored by DJ MATCH will be deemed the authentic version, unless the End User can prove that this version is not authentic. This provision shall not apply if the End User is a consumer.
17.4 DJ MATCH is entitled to assign its rights and obligations under the Agreement to a third party that acquires the relevant business operations regarding the Platform.
17.5 Where these Terms and Conditions contain (translated) terms from the Dutch Civil Code or other Dutch legislation, the Terms and Conditions shall be interpreted in accordance with the Dutch terminology.
Article 18. Contact
18.1 In the event that the End User has any questions with regard to this Terms and Conditions, or has any complaints relating to the Services, the End User can contact DJ MATCH at any time via the below contact details.
DJ MATCH Europe B.V.
2314 VJ Leiden
Chamber of Commerce no. 68886187
VAT no. 857633673.B01