These Terms and
Conditions apply to the use of the Platform of Barmerit. Barmerit advises you
to thoroughly read these Terms and Conditions in order to ensure that you are
aware of your rights and obligations.
These Terms and
Conditions, inter alia, describe the following aspects of the relationship
between you and Barmerit:
·
Provision of data and creating
a Profile (article 3);
·
The functionalities of
the Platform (articles 4,5 and 6);
·
Payment by means of
the Platform (article 7);
·
The notice and take
down procedure (article 8);
·
The limitation of
liability for Barmerit (article 11).
Content: all
information placed on the Platform by Barmerit itself, including but not
limited to the layout, look and feel of the Platform, the logos and trademarks
as well as certain texts.
Terms and
Conditions: these Terms and Conditions of Barmerit.
Intellectual Property
Rights: all the intellectual property rights and associated rights such as
copyright, trademark rights, patents, model rights, trade name rights, database
rights and neighboring rights as well as the rights to know-how and one-line
performances.
Platform: the
Platform that can be accessed through the website www. Barmerit.com and
underlying web pages which offer you the possibility to download or upload
Study Materials whether or not against payment.
Profile: an
individual or group section created and maintained by you when you register for
the Platform.
Study
Material: all information offered by you or other users of the Platform on
the Platform whether or not for payment.
Barmerit: the
private company Barmerit NL B.V. (applicable when citizen of Kenya) or the
private company Barmerit International (applicable when citizen outside of
Kenya), subsidiaries of Barmerit having its registered offices at Nairobi,
Kenya.
Service
Costs: the costs incurred by Barmerit in providing the transactions and
offering the Platform. The height of these costs is stated on the Platform and
can be amended by Barmerit from time to time.
2.1 These Terms and Conditions apply to all
use you make of the platform.
2.2 Barmerit is at all times entitled to
amend or supplement these Terms and Conditions. The current Terms of Use can be
found on the Platform or will be brought to your notice when creating a Profile
and/or logging in. If you continue the use of the Platform after these Terms
and Conditions have been amended or supplemented, you thereby irrevocably
accept the amended or supplemented Terms and Conditions. If you do not agree
with the amended or supplemented Terms and Conditions, the only option you have
is to no longer use the Platform and to terminate your Profile.
3.1 In order to be able to use the Platform
optimally you have to create a Profile in the way described on the Platform.
You guarantee to Barmerit that the information provided by you on creating
your Profile is strictly complete, true and accurate. When creating a Profile,
you must give a username and password which will allow you to access the
Platform and your Profile.
3.2 In the event that you have not yet
reached the age of sixteen (16), you need the consent of your legal
representative(s) (your guardian or (one of) your parents) before creating a
Profile. By accepting these Terms and Conditions you guarantee that you are
indeed at least sixteen (16), or that you have obtained the consent of your
legal representative(s) to create a Profile.
3.3 You yourself are responsible for the
correctness and completeness of the data you have provided as well as the
alteration of the data in the event that it is no longer accurate. You
acknowledge and understand that the correctness and completeness of the data is
very important for the Platform to operate optimally. Barmerit cannot
make any payments to you if your bank account number is no longer accurate.
3.4 The data you provide during the registration
process will be stored in a database and will be processed in accordance with
the privacy statement which you can find here.
3.5 You yourself are responsible for keeping
your username and password combination confidential. You are not allowed to
give your username and/or password to third parties and/or to otherwise grant
third parties access to your Profile. You are therefore liable for all the use
made of the Platform through your username and password. Barmerit can assume
that you are indeed the person who has signed in with your username and
password. As soon as you know or have reason to assume that a username and/or
password has come into the hands of unauthorized persons, you must inform Barmerit
of this notwithstanding your own obligation to take immediate effective
measures yourself such as changing your password.
3.6 Barmerit is at any time entitled to
change, alter or shut down the Platform without becoming liable to you in any
way. If you do not agree with the changes and/or amendments made by Barmerit,
your only remedy is to cease the use of the Platform and to delete your
Profile.
3.7 Barmerit reserves the right to change
the registration procedure, your password and/or username in the event Barmerit
decides that this is in the best interests of the operation of the Platform.
3.8 Barmerit cannot be held liable for any
damages resulting from any unauthorized access and/or use of the Platform by
third parties.
3.9 You acknowledge and agree that by
creating a Profile you automatically grant Barmerit a free of charge,
unencumbered, worldwide, sub licensable, non-exclusive license to publish and
reproduce certain personal data from your Profile, such as your username and
Profile picture, in the light of offering the platform, for instance for
promotional purposes. This license ends automatically if you delete the Study
Material and your Profile.
4.1 You acknowledge and agree that Barmerit
only offers a Platform which allows you to exchange Study Material with other
users. Barmerit has no knowledge of and/or involvement with the Study
Material and/or other information submitted to the Platform by you or other
users. Barmerit therefore accepts no liability whatsoever for the Study
Material offered by you or other users by means of the Platform.
4.2 You acknowledge and accept that the
Platform only includes the functionality and other characteristics as found in
the Platform at the time it is used (on an “as is basis”). Barmerit
excludes expressly any explicit and tacit guarantees, undertakings and
warranties of any nature whatsoever including, but not limited to, guarantees,
undertakings and warranties with regard to the quality, safety, lawfulness,
integrity and accuracy of the Platform, unless explicitly stated otherwise in
these Terms and Conditions.
5.1 By means of the Platform you can upload
Study Material. This Study Material can subsequently be downloaded by other
users whether or not for payment. Your Profile will state what Study Material
you offer on the Platform, for payment or for free. Your Profile will also
state the income generated by you.
5.2 The manner in which the Study Material
can be uploaded to the Platform as well as the allowed format are stated on the
Platform. You decide what Study Material is uploaded and in what manner you
manage this Study Material. Barmerit has no influence on or involvement
with the Study Materials uploaded as well as the manner in which it is managed
by you.
5.3 If you decide to offer Study Material
against payment, you yourself can decide the height of the payment. However,
there is a minimum price which is stated on the Platform. You can also decide
how many pages are accessible for free as an example. Barmerit reserves
the right to at least make the first page of the Study Material freely
accessible whether or not the Study Material is offered for payment.
5.4 Barmerit reserves the right to insert
advertisements of third parties into Study Material. These advertisements will
be placed in the Study Material by means of an automated process.
5.5 Barmerit reserves the right to convert
the Study Material you uploaded to another format. Barmerit also reserves
the right to insert an automatically generated watermark/logo of Barmerit in
any Study Material.
5.6 Under the conditions as stated in these
Terms and Conditions, you in principle retain your Intellectual Property
Rights, including the copyright, you have in the Study Material.
5.7
If
you upload Study Material to the Platform, you guarantee that:
·
You are the full right
holder with regard to the study material and you are entitled to upload it to
the Platform and offer it to other users;
·
The Intellectual
Property Rights, including the copyright, to the Study Material is vested in
you or you have demonstrable consent of the party in which the Intellectual
Property Rights are vested to upload the Study Material to the Platform and to
offer it to other users;
·
The Study Material is
not in violation of any laws or legislation and/or does not infringe on any
(Intellectual Property) Rights of third parties and/or is not otherwise
unlawful towards third parties and/or Barmerit;
·
Barmerit will not be
held to make any payments in relation to the uploading and use of the Study
Material; and
·
You are exclusively
responsible for all licenses and payment obligations to any third party
relating to the uploading and use of the Study Material.
5.8 You indemnify Barmerit as well as all
persons affiliated with Barmerit against any and all claims of third parties
based on the allegation that the Study Material infringes on any valid
Intellectual Property Rights or other rights of third parties or is otherwise
unlawful against third parties as well as against all claims resulting from
your actions in violation with these Terms and Conditions. All costs incurred
and damages suffered by Barmerit which are in any way related to the
abovementioned claims will be remunerated by you.
5.9 You acknowledge and agree that by
uploading Study Material to the Platform, you automatically grant Barmerit a
free of charge, unencumbered, worldwide, sub licensable, non-exclusive license
to publish and reproduce the Study Material in the light of offering the
Platform. This license automatically ends if you remove the Study Material from
the Platform.
5.10 With regards to the creation of
Flashcards the user hereby transfers all present and future rights of
intellectual property vested in works submitted to the Website to Barmerit
regarding to Flashcards, which transfer is hereby accepted by Barmerit. If
necessary to bring about a transfer of intellectual property right, User hereby
irrevocably agrees to cooperate with and perform any legal act necessary to
establish such transfer.
Insofar as any
intellectual property rights on Flashcards are incapable of being (completely)
transferred from the User to Barmerit, User hereby grants Barmerit
the exclusive, irrevocable, royalty-free, worldwide, perpetual right, with the
right to grant sublicenses, to use those intellectual property rights in the
broadest sense, which right is hereby accepted by Barmerit.
Insofar as any
personal or moral rights vest in User and insofar as permitted by law, User
hereby waives all of her personal or moral rights.
6.1 By using the Platform it is possible to
download Study Material whether free or for payment. It is necessary to have a
Profile if you wish to download Study Material. The profile will show what
Study Material you have downloaded. The Study Material you have downloaded will
remain accessible to you, unless you delete it yourself. After the deletion of
Study Material you will no longer be able to access it unless you download it
again, if that is still possible.
6.2 If you create a Profile you have the
possibility to rate the Study Material of other users in the manner stated on
the Platform.
6.3 If the Study Material is offered for
payment, you must pay the requested amount in advance before you can download
the Study Material. Payment options are stated on the Platform. Further details
regarding payments are listed in article 7.
6.4 Barmerit will refund your purchase if
the Study Material is not possible to download and/or the Study Material is
demonstrably defect due to an error in the Platform. If not bound by these
requirements, the “100% Money Back
Guarantee” will come into play.
To qualify for the
“money back guarantee”, you must meet the following conditions:
·
Your purchase was
within the last 14 days.
·
You contacted the
seller of the item to tell him/her why you are dissatisfied with the quality.
·
You verified that you
don’t file a complaint about a lack of information, chapters or subjects that
the seller did describe were missing in the advertisement.
If you meet all the
requirements you are able to issue a refund request Barmerit Refund
7.1 It is possible to offer Study Material
for payment. You can decide the price for your Study Material yourself. You
enter directly into an agreement with another user in which you grant him or
her the right to use your Study Material. Barmerit is no part of this
agreement. Barmerit merely acts as an intermediary by offering a Platform
which allows users to upload Study Material and it merely facilities the
payments. These Terms and Conditions therefore only apply to the use of the
Platform and not to the agreement between users of the Platform.
7.2 The methods of payment available when purchasing
items are listed on the Platform. All payments are handled in cooperation with
a third party, who will transfer the earnings involved with all sales amongst
sellers.
7.3 From the amount that is paid to every
respective user, the Service costs will be deducted. If you upload Study
Material and set a price on the Platform you can, in real time, see the amount
of money you will receive grossly.
7.4 With regard to the amount of payments
you receive from Barmerit, the data of Barmerit will be assumed to be correct
unless you can prove this data to be incorrect.
7.5 Students are able to decide for
themselves how much money they would like to withdraw, with a minimum of $10 or
a similar sum in the currency the student is using the Platform in (e.g. British
Pound Sterling or US Dollars). Barmerit accumulates deposits and
transfers the money once per week. There is no interest paid on remaining money
from the virtual account (My Balance).
7.6 Barmerit accepts no liability whatsoever
regarding errors in the orders of Study Materials, for instance, regarding the
number of copies or the type of Study Material. It is not possible to cancel
the purchase of any Study Material or to change. For any of the issues above, Barmerit
refers you to the user responsible for selling the Study Material.
7.7 Students are personally responsible for
any necessary declaration of income at the tax collector’s office in the
country where tax is to be paid.
7.8 Payment processing services are (in some
cases) provided by flutterwave and are subject to the DPO Connected Account agreement, which includes the Flutterwave. By agreeing to the Terms and conditions you
agree to be bound by the DPO Services Agreement. As a condition of Barmerit
enabling payment processing services through DPO, you agree to provide Barmerit
accurate and complete information about you, and you authorize Barmerit to
share it and transaction information related to your use of the payment processing
services provided by flutterwave.
8.1 In order to stop infringement of the
rights of third parties as soon as possible, Barmerit has developed a procedure
for reporting infringing Study Material by means of a notice.
8.2 If you claim that certain Study Material
infringes on your rights, you can report this alleged infringement to Barmerit
by sending a notice to abuse@ Barmerit.com. Barmerit will examine the
notice and, if possible and necessary, take the measures stated in this
article.
8.3 The notice should include:
·
The URL within the
website on which the allegedly infringing Study Material can be found;
·
A statement that your
rights have been infringed and why;
·
Contact details which
Barmerit can use to contact you, such as your complete name, address,
telephone number and email address;
·
A statement supported
by documentary evidence that the information in your notice is accurate and
complete and – if it concerns the alleged infringement of Intellectual Property
Rights – that you are the holder of the respective Intellectual Property Rights
or that you are authorized to act on behalf of the holder; and
·
A description of the
work or works which have been allegedly infringed, with a specification of the
precise nature of that alleged infringement.
8.4 Barmerit reserves the right to forward the
notice to the party responsible for the Study Material to which the notice
refers.
8.5 In the event that it is evident from the
notice that the Study Material the notice refers to is manifestly unlawful, Barmerit
will remove or block access to the Study Material.
8.6 Barmerit reserves the right not to grant
a request to remove or make inaccessible Study Material if it has well-founded
reasons to doubt the accuracy of the notice or the lawful nature of the
evidence submitted, or if the Study Material to which the notice refers do not
appear to be manifestly unlawful. Within that scope Barmerit may for instance
require a judicial decision of a competent court in the Netherlands, whose
decision demonstrates that the Study Material concerned is manifestly unlawful.
8.7 By issuing a notice you indemnify Barmerit
against any claim of third parties with regard to removing or making
inaccessible the Study Material and/or the provision of the name, address and
place of residence of the user who sent the notice. Such indemnification also
covers all the damage that Barmerit suffers and the costs it incurs in relation
to such a claim, including – but not limited to – reimbursing the costs of
legal assistance.
8.8 Barmerit will not in any way whatsoever
be a party to any dispute between the party that issued the notice and the
other party.
9.1 Barmerit is entitled to put the Platform
(temporarily) out of service and/or to reduce the use of it without any prior
notification and without being obliged to pay compensation to you, if in the
opinion of Barmerit this is necessary, for instance, in connection to the
required maintenance of the Platform.
9.2 Barmerit is entitled to make procedural
and technical changes and/or amendments to the Platform without giving you
prior notification.
9.3 Barmerit does not guarantee that the
Platform or any part thereof will be accessible at all times and without any
interruptions or failures. Failures in the Platform can occur, as a result of
failures in the internet or phone connection or by viruses or faults/defects.
Barmerit is not liable or obliged to the user to pay compensation in any
way whatsoever for any damage resulting or arising from the website being
(temporarily) unavailable.
10.1 The Intellectual Property Rights
regarding the Platform, as well as all Content published on and/or transmitted
by means of the Platform, with the exception of the Study Material, are vested
in Barmerit and/or its licensor(s).
10.2 Under the conditions stated in this
Terms and Conditions, Barmerit hereby grants you a limited, personal,
revocable, non-exclusive, non-licensable, and non-assignable right to use the
Platform and the Content and view it in the manner and the format as used on
the Platform.
10.3 You may not change, render illegible or
remove any trademark or recognition signs affixed to the Website, the Content
and/or any references to Intellectual Property Rights.
10.4 Nothing in these Terms and Conditions is
construed to transfer any Intellectual Property Rights to you. You will refrain
from any action which may infringe on the Intellectual Property Rights of Barmerit
such as registering domain names, trademarks or Google Adwords that are
identical and/or similar to any Intellectual Property Rights of Barmerit.
10.5 Without prior written consent of Barmerit
no one is allowed to retrieve and re-use a substantial part of the Contents of
(parts of) the Platform and/or retrieve and repeatedly and systematically
re-use non-substantial parts of the Contents of the Platform within the sense
of the Dutch Databases Act.
10.6 Study Material offered on Barmerit is
only to be used as a study aid. You are not permitted to submit Study Material
found on Barmerit as your own work if it is not, as this is in breach of
copyright. This is also plagiarism and constitutes academic misconduct at all
academic institutions.
11.1 Barmerit will not accept any liability
for damages as a result of offering you the Platform, an unlawful act or
otherwise, other than as stipulated in this article.
11.2 In the event that Barmerit is liable for
any damages, whether caused by an attributable failure or an unlawful act, the
height of these damages is limited to the amount actually paid by Barmerit’s
insurance company. In the event that the insurance company does not pay
anything, article 11.3, 11.4 and 11.5 apply.
11.3 Barmerit is only liable for direct
damages (as described below) which you suffer as a result of an attributable
failure in the performance of the agreement or pursuant to an unlawful act or
otherwise insofar as this is allowed under mandatory law up to an amount of EUR
1,000.–. The entire and complete liability of Barmerit under its agreement with
you will never exceed this amount.
11.4Direct damages shall exclusively pertain to:
·
Material damage to
goods;
·
All reasonable costs
incurred by you in order to prevent or limit any direct damages as meant in
this paragraph;
·
Reasonable costs
incurred while determining the cause of damage, liability, direct damage and
the method of recovery.
11.5 To the maximum extent permitted by
applicable law, in no event shall Barmerit be liable for any special, incidental
or consequential damages whatsoever (including but not limited to, damages for
loss of profits or confidential or other information, for business
interruption, for the loss and/or corruption of data for loss of privacy
arising out of or in any way related to the use of or inability to use the
Platform as well as all other forms of damage different from the those
mentioned in article 11.4), even if Barmerit has been advised of the
possibility of such damages and even if the remedy fails in its essential
purpose.
11.6 The above limitation of liability in
this paragraph shall cease to apply if and insofar as the loss is due to Barmerit’s
willful intent or gross negligence.
11.7 In using the platform you guarantee that
you have thoroughly checked the rules, regulations and provisions governing
your university and that you are allowed to use the services offered by Barmerit.
Barmerit accepts no liability or responsibility for your decision to use
the Platform, should this decision be against your university’s regulations or
provisions regarding academic work.
12.1 In the case of Force Majeure the non-fulfillment
of the agreement between you and Barmerit cannot be counted as an attributable
failure and the agreement between you and Barmerit does not exist.
12.2 Force majeure includes, but is not
limited to, illness of employees and/or absence of personnel crucial for the
provision of the Platform, disruptions of the electricity supply, fire, natural
disasters, strikes, floods, failures to perform by third parties hired by Barmerit,
disturbances in the internet connection, hardware disruptions, disruptions in
the (telecommunications) networks and other unforeseen circumstances.
13.1 You are entitled to terminate the
agreement at any time by discontinuing the use of the Platform and terminating
your Profile.
13.2 In addition to the other remedies or
means available to Barmerit, Barmerit make decisions at its own discretion at
all times, without becoming liable to you. Barmerit is entitled to
(temporarily) restrict or suspend your activities in connection with the
Platform and/or to delete your Profile in the event you violate these Terms and
Conditions including, but not limited to, articles 3.3, 3.4 and 5.7.
13.3 If you are still entitled to a payment
after you have deleted your account (money on your virtual wallet), Barmerit
will ensure that the payment due will be wired to you. However, in the event
your Profile has been deleted as a result of an infringement of these Terms and
Conditions as meant in article 13.2, Barmerit reserves the right to keep
(part of) the payment due if Barmerit suffered damages as a result of
termination.
13.4 If you do not access your Profile by
‘logging on’ to your Profile using your username name and password for any
consecutive period of 12 months, then after those 365 days (the ‘Grace Period’)
your Profile will be deemed ‘Inactive’.
14.1 These Terms and Conditions and the use
of the Platform are governed by and construed in accordance with the laws of
The Netherlands.
14.2 All controversies, disputes or claims
arising out of or relating to these Terms and Conditions and the use of the
Platform shall be exclusively and finally settled by a competent civil court in
the District of Amsterdam, The Netherlands, unless another competent court has
been prescribed by mandatory (international) law.
15.1 If any provision of these Terms and
Conditions shall be held to be (partly) illegal or unenforceable, that
provision shall be limited or eliminated to the minimum extent necessary, so
that the Terms and Conditions shall otherwise remain in full force, effect and
enforceability. Barmerit will replace the invalid part with clauses which
will be valid, and of which the legal consequences – considering the conditions
and purpose of these Terms and Conditions – correspond as much as possible with
those of the invalid part.
15.2 Barmerit is entitled to assign any
rights and obligations that result from these Terms and Conditions to third
parties, in which case it will notify you. In the event that you cannot agree
with the assignment, your only remedy is to cease the use of the Platform and
delete your Profile
