Terms & Conditions

We use capitalized words to indicate defined terms:

• Concierge. The User who seeks a Listing on the Website to manage.
• Host. The User who offers a Listing on the Website to rent out.
• IP Rights. The (rights to apply for and/or pending applications for) intellectual property rights, including but not limited to patents, registered and unregistered designs, trademark rights, copyrights and database rights.
• Listing. The accommodation offered by the Host on the Website, accompanied by Material, to which Concierges may respond and on the basis of which Atelier Jume facilitates the establishment of the connection between the Host and Concierge. The Listing concerns the accommodation that the Host rents out to guests, for example one or more rooms, an apartment or a house.
• Material. All data or content made available by the User through the Platform Service including – but not limited to – texts, photos, images, videos, audio, documents, profile information, messages and other digital files or communications in the context of the performance of the Platform Service.
• Platform Service. The digital services offered by Atelier Jume, including creating and managing an Account, placing and viewing Listings, responding to Listings, establishing a connection between the Host and Concierge and all other offered functionalities that Atelier Jume makes available to Users via the Website.

The Agreement remains in force until the User or Atelier Jume terminates the Agreement in accordance with article 14 of these Terms of Service. We will perform the Platform Service in accordance with the Agreement and will commence performance of the Platform Service after the User has created an Account in accordance with the Agreement.

The User must create an Account according to the registration procedure to be able to use the Platform Service. Only legal entities and natural persons acting in the exercise of a profession or business may register as a User. By using the Platform Service, the User declares to be a business user and to have a valid registration with the Trade Register of the Chamber of Commerce.

The User is required to provide accurate, current and complete information at registration and to keep this information up to date. The User may not transfer the Account to someone else. The User is responsible for the confidentiality and security of the account details and may not share these details with third parties.

The User will immediately inform Atelier Jume if the User suspects that the login credentials have been lost or stolen or if the User suspects that unauthorized third parties have access to the Account. Atelier Jume may in that case take appropriate measures, including (temporarily) blocking the Account.

The User is responsible and liable for all activities that the User performs via the Account on the Website and interactions with other Users. We verify the User's identity solely by means of their phone number. We do not check the suitability and reliability of the User. We recommend Users to exercise caution in all interactions with other Users and to carry out the necessary (identity) checks themselves.

Atelier Jume reserves the right to charge Users subscription fees for the right to use the Platform Service. We will inform Users of the subscription fees before the User responds to a Listing or places a Listing.

The subscription fee for Concierges is €25.- (twenty-five euros) per 30 days, on the basis of which the Concierge obtains the right to respond to an unlimited number of Listings. The subscription fee for Hosts is €25.- (twenty-five euros) per 30 days per Listing. All stated amounts are exclusive of VAT.

If the User takes out a subscription, the User enters into a continuous monthly subscription. The subscription commences at the time of first payment and is automatically renewed by one (1) month each time, until the User cancels the subscription. The User must pay the subscription fees within fourteen (14) days of the invoice date, in the manner stated on the invoice.

The User has no right to a refund or other reimbursement of subscription fees. The User can cancel the subscription at any time, subject to a notice period of one (1) month. After cancellation, the User retains the right to use the Platform Service until the end of the subscription period.

The User acknowledges that Atelier Jume does not monitor and is not required to monitor the Material that Users upload and share and that is stored on behalf of Users. Every User must comply with the law and these Terms of Service when using the Platform Service, including when uploading and sharing Material.

If a User suspects that there is unlawful or illegal use of the Platform Service, or use that is contrary to these Terms of Service, the User can make a substantiated report via email ([email protected]). We will handle the report and contact the User who provided the relevant information.

If we see reason to do so, we reserve the right to:

• Exclude the User who acts in violation of these Terms of Service (whether or not temporarily) from the Platform Service, or restrict certain functionalities for this User;
• Remove the User's Material or make access thereto impossible.

All IP Rights with regard to the Platform Service (such as algorithms and source code) and other materials made available by us such as images and documentation, belong exclusively to Atelier Jume, its suppliers or its licensors. The User only receives the usage rights that are explicitly granted in the Agreement or on the basis of law.

The User can upload and share Material through the Platform Service and guarantees that the User is entitled to do so. By uploading or sharing the Material through the Platform Service, the User grants Atelier Jume a non-exclusive, worldwide, transferable and sublicensable right to store, host and otherwise make available and use this Material, among other things, for the purpose of performing the Agreement.

The User fully indemnifies Atelier Jume against all claims from third parties due to (alleged) infringement of IP Rights or other rights, and fully compensates us on first request for all related damages, costs and legal proceedings.

Atelier Jume is obliged to process the User's personal data carefully and in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy legislation. More information about how we handle the User's personal data can be found in the privacy statement on the Website.

The User and Atelier Jume will treat all confidential information they receive in the context of the Agreement strictly confidential. Confidential information includes, among other things, business data, know-how and pricing information. The User and Atelier Jume will take all reasonable measures and will use the confidential information exclusively for the performance of the Agreement.

The User is responsible for ensuring that the Material the User uploads and shares in the context of the performance of the Agreement is current, accurate and complete. Atelier Jume is not a party to the agreement that is established between Users. User acknowledges that Users are themselves responsible for the establishment, content, performance and termination of their mutual agreement(s).

The User will comply with all applicable laws and regulations including – but not limited to – rules regarding the placement, rental and management of a Listing, tax obligations and any permit or reporting obligations.

We are not responsible for the quality, accuracy and currency of the Platform Service including its operation, content and other data. We are not responsible and liable for the establishment, content, performance and termination of agreements between Users.

The limitation contained in this article applies, among other things but not exclusively, to (i) Listings of a Concierge that in reality do not correspond to the accompanying Material, (ii) an incorrect, incomplete or defective performance of the agreement by a Concierge, (iii) (physical and online) interactions with other Users and third parties, such as guests, and (iv) any form of damage.

We offer the Platform Service (including services provided by external service providers) "as is" and "as available", without any warranty of any kind. We hereby expressly disclaim all representations, warranties and/or conditions of any kind, express or implied.

We do not warrant that: (i) the Platform Service, its operation, its content and/or other data are accurate, complete, current or timely; (ii) the operation of the Platform Service, access to and/or use thereof is uninterrupted or error-free; (iii) defects or errors in the Platform Service will be corrected; (iv) the Platform Service is free of viruses, bugs, glitches, malware or other harmful and/or malicious content; (v) communications to, within or from the Platform Service are secure, encrypted and/or free from interception; and/or (vi) the Platform Service and all its content do not infringe the intellectual property rights of third parties.

The User acknowledges and agrees that the User uses the Platform Service solely and exclusively at their own risk and responsibility.

The User warrants to us and our third-party service providers that the User information is correct, truthful, complete and accurate, so that we can perform the Platform Service as described in the Agreement and Terms of Service.

The User shall indemnify, defend and hold harmless Atelier Jume as well as its employees and affiliated companies from and against all losses, liabilities, costs and expenses paid or incurred arising from: (i) a breach of the Agreement by the User, and (ii) claims from other Users or third parties related to the use of the Platform Service by the first User, or any other action for which the User is responsible.

To the maximum extent permitted by applicable law, we and our affiliated companies are: (i) not liable towards the User, its subsidiaries, representatives or any third party in connection with the Platform Service for any consequential, special, incidental, direct or indirect damages of any kind, including – without limitation – damages for loss of profit, loss of data, loss of information or programs or other data, regardless of whether the claim or action is based on tort, contract, warranty, negligence, strict liability, breach of a statutory duty or any other legal ground; and (ii) not liable in the event of a force majeure event.

If this limitation of liability is declared wholly or partially null and void or is annulled by a competent court, the User and Atelier Jume agree that Atelier Jume shall only be liable for direct, demonstrable and actually suffered damage and that the liability of Atelier Jume shall in that case never exceed the lower of (a) 20% of the subscription fees the User paid in the 12 months prior to the event, or (b) €5,000.- (five thousand euros) in total and jointly.

To make a valid claim, the User must notify Atelier Jume of that claim within thirty (30) days after the date of the event. Any legal action relating to such a claim must be brought by the User within one (1) year of the date of that notification.

The User may terminate the Agreement (in whole, not in part) at any time by sending us an email or by deleting the Account. When the Account is deleted, all Material linked to that Account will be deleted by Atelier Jume.

Atelier Jume reserves the right to terminate the Agreement at any time provided that Atelier Jume notifies the User thereof thirty (30) days in advance. Atelier Jume has the right to terminate the Agreement immediately and without prior notice and to stop the User's access to the Platform Service if the User: (i) seriously violates the Terms of Service, (ii) violates applicable laws, (iii) this is necessary to protect the safety of persons or property (for example in the case of fraudulent behavior of the User), or if (iv) the Account has been inactive for more than two years.

We may amend these Terms of Service at any time. We will notify the User of any changes at least fourteen (14) days before they take effect by email. If a change constitutes a material change to the Platform Service, the User has the right to terminate the Agreement free of charge.

If any provision of these Terms of Service proves invalid or unenforceable, the rest of the Terms of Service shall remain valid. Atelier Jume will replace the relevant provision with a provision that aligns as closely as possible with the purpose and scope of the original provision.

Provisions in the Terms of Service that are intended to remain in force after termination, such as article 6 (IP Rights), article 11 (No Warranty. Disclaimer), article 12 (Indemnification), article 13 (Liability), shall remain in force.

This Agreement is exclusively governed by Dutch law. If a dispute between the User and Atelier Jume cannot be resolved by mutual agreement, only the Rechtbank Oost-Brabant, location 's-Hertogenbosch, shall have jurisdiction to decide the dispute. Disputes between Users must be resolved by the Users themselves.