Terms and Conditions

Glossary

In these general terms of use ("Terms and Conditions"), the following terms are understood to mean:

● Pararius: Pararius B.V., registered with the Chamber of Commerce under number 34242388. Pararius operates an online platform through its Website where Properties are offered. Pararius aims to make the housing market transparent through its services and facilitate interactions between property providers and property seekers;

● Website: the Pararius website accessible through the internet via the domain name www.pararius.nl, www.pararius.com, and through the Pararius app(s). The Website provides information about available Properties, as well as general information related to living, living environment, financial services, moving, and similar topics;

● User: natural person or legal entity using the Website, an Account, and/or services offered by Pararius through the Website;

● Property: immovable property that, according to applicable laws and regulations, is (partly) suitable for use as a residential space;

● Seller(s)/Landlord(s): the natural or legal person(s) entitled to sell and/or rent out the Property;

● Advertisement: making known on or through the Website: a) the availability of a Property; b) a product or service offered in connection with a Property; and/or c) a brand, product, or company name of the Provider;

● Advertiser: the User offering a Property on the Website and who is validly authorized by the Seller/Landlord to advertise the Property on Pararius;

● Candidate: the User who is a natural person using the Website to search for a Property and/or who has come into contact with a Provider through the Website and expresses interest in entering into an agreement with this Provider or with the Seller/Landlord regarding a Property;

● Property Listings: the systematically searchable collection of available Properties on the Website;

● Account: a User's account on the Website;

● Login Details: the login credentials providing access to the Account;

● Content: information, visual material such as photos, floor plans, graphic design, and similar materials provided by a User through the Website, including but not limited to the information, images, and materials in an Advertisement.

● Pararius Plus: a paid service offered to Candidates by Pararius, amongst others to make the search for a Property easier.

ARTICLE 1 - APPLICABILITY

1.1

These Terms and Conditions apply to any use of the Website (both via computers and mobile devices or any other software application such as the Pararius app(s)), the use of the Account, all services offered by Pararius, and all agreements entered into by Pararius when using the Website, an Account, and/or providing services, including but not limited to separate agreements with Providers.

1.2

By visiting, viewing, and using our Website and/or registering an Account on our Website, you agree to these Terms of Use.

1.3

If you do not agree with one or more provisions of these Terms of Use, you should not use the Website (including not registering for an Account).

ARTICLE 2 - AGREEMENTS

2.1

By creating an Account, the User guarantees to be authorized to act on their own behalf and to enter into a legally valid agreement. If the User is acting on behalf of an organization, the User guarantees the foregoing on behalf of that organization.

2.2

A Candidate and Provider can contact each other through the Website; however, no (rental or purchase) agreement is established between a Provider and a Candidate or between a Candidate and a Landlord/Seller via the Website. Pararius is merely an 'electronic bulletin board' and has no involvement or interest in the formation of these agreements and is not a party to them. Pararius does not mediate between Providers and Candidates or between Landlords/Sellers and Candidates. Pararius has no knowledge of agreements made between Users and does not receive any compensation for them.

2.3

The User can deactivate the Account at any time. However, regarding Providers who have subscribed to a subscription, the provisions of Article 10.4 apply, and regarding Candidates who have subscribed to a Pararius Plus subscription, the provisions of Article 14 apply.

ARTICLE 3 - PRIVACY PROTECTION

3.1

The Pararius Privacy Policy (www.pararius.nl/privacy-policy) explains how Pararius handles Users' personal data and how Pararius protects their privacy when the Website is used.

ARTICLE 4 - INTELLECTUAL PROPERTY RIGHTS, DATA

4.1

All intellectual property rights related to the Website and the content placed on it by or on behalf of Pararius, exclusively belong to Pararius and/or its suppliers and/or licensors. Pararius reserves all rights regarding the Website and that content.

4.2

Intellectual property rights include, among others, all copyrights, patent rights, trademark rights, trade name rights, database rights (sui generis or otherwise), (unregistered community) design rights, domain names, and other claims in the Netherlands or elsewhere, related to the Website and Pararius in general, including know-how and trade secrets.

4.3

The database right of Pararius applies to the data available through the Website, and particularly to the Property Listings. This means that it is not allowed for anyone to request and reuse a substantial part of the Property Listings and/or repeatedly and systematically request and reuse non-substantial parts of the Property Listings in the sense of the Database Act, unless the exception for personal use is met (which is never the case for commercial reuse and/or retrieval).

4.4

Intellectual property rights to Content belong to the User or their licensors. By placing Content on the Website, the User guarantees the authority to place that Content and also grants Pararius irrevocable permission to use, copy, and/or commercially exploit this Content in the broadest sense, with or without technical links to third-party websites, without any compensation being due. Pararius is also not obligated to keep the relevant Content confidential. Specifically, the Provider, by placing the Advertisement on Pararius, irrevocably grants permission to place this Advertisement on the Website and to use the Advertisement for marketing and advertising purposes, with the aim of bringing the Advertisement to the attention of potential Candidates.

4.5

Pararius and the Provider agree that data contained in the Content may be (re)used by Pararius, including for publishing a rental monitor.

4.6

After the User has deactivated their Account, the User's data will be removed from the Account within a reasonable period, without prejudice to the provision in the previous clause. Within that reasonable period, the User has the opportunity to download data from the Account. If Pararius blocks and/or deactivates the Account on grounds described in these User Terms (including Additional Terms) on the User's side, Pararius reserves the right to grant access to the data only once the User has fulfilled their obligations and/or has resolved the situation that led to the blockage or deactivation, if possible.

ARTICLE 5 - PERMITTED USE OF THE WEBSITE / ACCOUNT

5.1

Users of the Website must behave in all respects as responsible and careful internet users. Users must comply with applicable laws and regulations when using the Website, including local ordinances related to housing and room mediation agencies.

5.2

Users are only allowed to download one copy of the content made available on the Website for their own non-commercial use.

5.3

Only Users who have created an Account can respond to Advertisements and/or post Content on the Website; they are fully responsible for ensuring that the Content is lawful, accurate, complete, and up to date.

5.4

The User is entirely responsible for (i) using a strong, unique password to access the Account, (ii) regularly updating the password, (iii) keeping the Login Information confidential, and (iv) preventing unauthorized parties from accessing the Login Information, by ensuring that the device used to log into the Account is adequately secured. If the User suspects or knows that the login credentials are known to an unauthorized third party, the User must promptly change their password. The User is responsible for all activity via the Account, even if used by an unauthorized third party.

5.5

The Website can only be used to offer and find Properties suitable for residential use by individuals. Therefore, no commercial goods can be offered on the Website.

ARTICLE 6 - MISUSE OF THE WEBSITE / ACCOUNT

6.1

Users are not allowed to misuse the Website.

a. Using the Website and/or the Account for actions and/or behaviors that violate the law, rights of others, public order, or morality, such as (a) infringing on intellectual property rights or other property rights of third parties; (b) making misleading or otherwise unlawful statements; (c) distributing material that is legally prohibited; (d) evading or removing the security of (parts of) the Website; (e) defrauding other Users; (f) unlawfully obtaining data from Users; (g) intentionally posting incorrect or incomplete Content; (h) harassing Users; (i) attempting to engage Candidates in improper actions;

b. Using the Website and/or the Account to send (large-scale) unsolicited email or other communications;

c. Approaching other Users for any kind of commercial purpose (this does not include contacting a Candidate through the Website upon the Candidate's request when there is potential interest in renting or selling a Property);

d. Using software or tools in any form to extract data from the Website for commercial purposes ("screen scraping");

e. Using software or tools in any form that can hinder, obstruct, or damage the Website and/or the information posted on it in any way;

f. Causing disturbance or disruptions, including conducting or coordinating denial-of-service attacks or controlling malicious software such as viruses or spyware;

g. Without prior written consent from Pararius, otherwise copying, modifying, distributing, disseminating, reverse-engineering, decompiling, or otherwise exploiting (information available through) the Website, except to the extent permitted by law.

6.2

The User is not allowed to modify the content of the Website, except as described in these Terms of Use.

6.3

In the event of the discovery of criminal offenses, Pararius may file a report, and Pararius is authorized to provide the police and the judiciary with the name, address, IP address, and other identifying information of the User. Additionally, Pararius reserves the right to provide such information to a third party if a third party complains about a breach of their rights or other unlawful behavior by the User, and (a) the accuracy of the complaint is sufficiently plausible and it is sufficiently plausible that the third party may suffer damage, (b) there is no other realistic way to obtain this information, and (c) the third party has a clear interest in receiving the data and is (legally) authorized to receive this information.

ARTICLE 7 - CONSEQUENCES OF IDENTIFIED MISUSE OF THE WEBSITE, ACCOUNT BLOCKING

7.1

If Pararius receives indications and/or complaints from Users or others, or has reasons to suspect that a certain User is not acting in accordance with the law, these Terms of Use (including the Additional Terms for Providers), or is making unreasonable or unlawful use of the Website, Account, and/or Pararius services, then Pararius may take the following measures, among others, if applicable after providing a legally required notice:

a. Pararius may exclude the relevant User from the services of Pararius, (temporarily) block access to the Website and/or their Account, and/or limit certain functionalities for this User, and terminate the agreement with the User without refunding any amount paid by the User;

b. Pararius may modify and/or remove one or more Advertisements from the User without refunding any amount paid by the User;

c. Pararius may report observed facts to the competent authorities;

d. Pararius may recover damages resulting from the above actions from the relevant User.

When assessing whether the situations mentioned above are considered misuse and the duration of a possible suspension of the Account, Pararius takes into account all circumstances of the case. Pararius is not liable for any damages to Users, directly or indirectly, as a result of the measures mentioned above.

7.2

Pararius reserves the right to close the Account and terminate the agreement with the User (in a manner it deems appropriate at that time and, if applicable, after legal notice) in the event that the User (a) fails to pay due amounts in a timely manner; (b) fails to fulfill their obligations; (c) has applied for a moratorium on payments or has requested admission to the Natural Persons Debt Restructuring Act; (d) has been declared bankrupt or a bankruptcy petition has been filed against them; (e) offers a composition outside of bankruptcy; (f) dies, or if the User is a legal entity, ceases to exist; and/or if (g) Pararius has reasonable grounds to fear that the User will fail to fulfill the agreement or that the User's actions and/or omissions could harm the reputation of Pararius.

7.3

Before taking an action as indicated in the first paragraph of this article under (a), and this action concerns a business User, Pararius informs this business User in a durable medium (such as email) about the intended action, with an explanation of the facts and circumstances and any notifications from third parties that give rise to the action. In the case of a complete blockage of access to the Website, Account, services, and functionalities of the Website, Pararius observes a notice period of 30 days. If the User has sufficiently and, upon request, provided documentation to demonstrate that Pararius's action is not justified, Pararius will not take the action, or will unblock the Website, Account, services, and functionalities. Pararius is not required to observe a notice period if (a) Pararius takes the action because it is subject to a legal or regulatory obligation to take the action without observing a notice period; (b) Pararius has the legal authority to take the action for compelling reasons; and/or (c) Pararius can demonstrate that the business User has repeatedly violated these Terms of Use. In these cases, Pararius is not required to provide an explanation of the action. The blockage referred to in Article 2.8.c. of the Additional Terms (to prevent unauthorized access to the Account) is an example of an obligation as mentioned above under (a).

7.4

If Pararius receives notice that any Content, such as an Advertisement, violates the law and/or regulations, these Terms of Use, the rights of another party, or is otherwise unlawful, Pararius will contact the respective User as soon as possible to investigate this further and determine whether the Content should be removed. Pararius is authorized to remove the Content if it is found to be unlawful.

7.5

Pararius reserves the right to completely discontinue offering the Website and/or its services, and will observe a reasonable notice period in doing so. The Account will then be closed.

7.6

The provisions of this article do not affect Pararius's ability to terminate the agreement with the User on grounds provided for by law.

ARTICLE 8 - LIMITATION OF LIABILITY OF PARARIUS, INDEMNIFICATION

8.1

Pararius is not liable for any damage suffered by the User due to:

b. Incorrect information on the Website. All information on the Website is provided subject to spelling or typographical errors. Users are responsible for the Content they provide through the Website, and Pararius does not verify its accuracy. If there are doubts about the accuracy of the Content or if inaccuracies are identified, contact can be made with the party offering the relevant information (often the Provider);

c. Technical malfunction or any other circumstance causing the Website to be temporarily unavailable and/or not fully accessible;

d. Changes in Pararius services and/or changes to the Website.

8.2

Pararius is not involved in the actual interactions between Candidates and Providers or between Candidates and Landlords/Sellers, nor in the agreements they make. Therefore, Pararius has no control over the quality, safety, legality, accuracy of the Advertisement, the legal capacity or authority of (a) Providers to offer Advertisements, (b) Landlords/Sellers to rent/sell Properties, or (c) Candidates to engage in rental/purchase transactions. Pararius is in no way liable for the (non)conclusion of a potential (rental/purchase) agreement or the manner of its execution.

8.3

The Website contains references to third-party websites (for example, through hyperlinks or banners). Pararius has no control over or influence on the content of these websites and cannot be held liable in any way for them. Pararius is not liable for (the content of) third-party services and/or information offered in any way through the Website.

8.4

If, for any reason, Pararius is nevertheless liable, the liability of Pararius is limited to a maximum of (a) the total compensation paid by the User to Pararius during the six (6) months preceding the action that gave rise to the liability, or (b) €150 (one hundred fifty euros), whichever amount is higher.

8.5

Pararius is not liable for damage to a User caused by another User, for example, due to an unauthorized third party gaining access to an Account and defrauding or deceiving a Candidate.

8.6

The above-mentioned limitations do not apply in cases of intent or gross negligence by Pararius’s management. With respect to Users who are consumers, Pararius limits its liability only to the extent that it is not considered unreasonably burdensome.

8.7

The User indemnifies and holds Pararius harmless from all costs, fines, settlement amounts, and other damages of Pararius related to claims brought against Pararius by other Users and any other third parties, such as regulators, resulting from the actions and/or omissions of the User or otherwise attributable to the User. Examples of such claims include claims related to posting Content that infringes on the intellectual property rights of third parties, posting a Property on the Website as a Provider without authorization from the Seller/Landlord, fines imposed because the User did not sufficiently secure access to the Account or did not (timely) notify a data breach and claims from Users due to an Advertiser having swindled or deceived them. If Pararius receives a third-party claim, the indemnifying User will at Pararius’ request and at its own cost defend against the claim, both inside and outside of court. The User’s liability under this clause, if the User is a consumer, does not go beyond its liability pursuant to the law.  

ARTICLE 9 – ADVERTISEMENTS

9.1

Placement of Advertisements can only be done through the prescribed method on the Website. Unless prior written consent is obtained from Pararius, it is not allowed to place Advertisements on the Website using an automated system.

9.2

If a Provider places an Advertisement, the Provider implicitly confirms to be legally authorized to do so. When placing Advertisements, the Provider also guarantees to be authorized to post all associated Content of the Advertisement.

9.3

When a User responds to an Advertisement, they implicitly confirm to be legally authorized to do so.

ARTICLE 10 - PRICES, PAYMENT TERMS, AND EXCEEDING THEM

10.1

All prices communicated by Pararius as compensation for services to Users are, unless explicitly stated otherwise, exclusive of VAT. All amounts are in Euros, unless explicitly stated otherwise.

10.2

Providers have a payment obligation towards Pararius from the moment they place Advertisements. Providers with subscriptions have a payment obligation from the start of the subscription. The costs for the subscription apply regardless of whether the Provider places fewer than the allowed number of Advertisements per subscription. The provisions of Article 14 apply to Pararius Plus subscriptions.

10.3

The payment term for amounts billed by Pararius to Users is 14 days after the invoice date unless explicitly stated otherwise.

10.4

If Users do not pay the amount due within the payment term, Pararius reserves the right, unless otherwise indicated, without further notice and without prior notice of default:

a. to increase the amount due with a late payment interest equal to the applicable statutory (commercial) interest at that time, from the moment the payment term expires and, in the case of consumers, after the statutory reminder period of 15 days; and/or

b. to charge judicial and extrajudicial costs equal to 15% of the principal sum, or – for consumers – the legally permissible amount, from the moment the payment term expires and in the case of consumers from the moment the statutory reminder term expires; and/or

c. to charge the statutory (commercial) interest on the judicial and extrajudicial costs, for consumers in accordance with legal requirements for consumers; and/or

d. to apply the amounts paid by the User first to the payment of collection costs, then the due statutory interest, and then the outstanding invoice amount; and/or

e. to deny the User (partially or entirely) access to the Website and the Account, and suspend all other services until the moment of payment, to delete all Content offered or posted by the User on the Website, with all corresponding additional costs that Pararius will incur to be reimbursed by the relevant User, as well as any outstanding fees for the remaining period of the agreed contract term.

10.5

For paid subscriptions with Providers, these are entered into for a period of 12 (twelve) months unless otherwise agreed in the agreement with the Provider. If not canceled in writing no later than one month before the subscription term expires, the subscription will be automatically and tacitly renewed for another period of 12 (twelve) months. Subscriptions cannot be terminated prematurely. The provisions of Article 14 apply to Pararius Plus subscriptions.

10.6

Pararius applies an annual inflation adjustment to the subscription rates it charges. A possible increase in subscription rates due to the inflation adjustment cannot be used by Users as a reason to terminate a concluded subscription prematurely. The provisions of Article 14 apply to Pararius Plus subscriptions.

ARTICLE 11 - ADDITIONAL TERMS AND CODE OF CONDUCT FOR PROVIDERS

11.1

For the services that Pararius offers to Providers, additional terms of use apply (“Additional Terms”), including a code of conduct. The "Additional Terms" can be found after article 14.8.

The Additional Terms are an integral part of these Terms of Use. In the event that a provision in the Additional Terms conflicts with these Terms of Use, the provision in the Additional Terms will prevail.

ARTICLE 12 - MISCELLANEOUS

12.1

Pararius may (partially) amend these Terms of Use if new or amended laws and/or regulations, altered case law, or changes in the operation of Pararius or its services necessitate such changes. Any changes become effective after the User has used the Website and/or Pararius's (online) services again following the change, whichever occurs earlier. In deviation from the foregoing, with regard to business Users with an Account, they will be notified of the change by Pararius via email at least 15 days before the change takes effect. These Users can terminate the Account and the agreement before the date on which the change takes effect. The termination becomes effective within 15 days after Pararius has received the termination notice. However, if the User places an Advertisement during the notice period, this will be deemed a waiver of the notice period.

12.2

The failure of Pararius to enforce any provision of these Terms of Use does not imply that Pararius waives the right to enforce the respective provision at a later time and/or against another User.

12.3

Agreements that deviate from these Terms of Use are only valid if agreed upon in writing with Pararius.

12.4

If one or more provisions of the Terms of Use are invalid in any way (e.g., void, annulable, or otherwise invalid), this does not affect the validity of the other provisions of these Terms of Use. Pararius will replace the invalid provision as soon as possible with a valid provision that closely approximates the original provision. The provisions of the Terms of Use apply to Users who are consumers to the extent permitted by law (as long as the provision is not considered unreasonably burdensome).

12.5

The use of the Website and/or the Account, these Terms of Use, the Additional Terms, and all agreements and legal relationships arising from them are exclusively governed by Dutch law, without prejudice to mandatory consumer provisions that designate a different legal system. The court of Amsterdam has exclusive jurisdiction to hear disputes in first instance. If the User acts as a consumer (a natural person who does not act in the exercise of a profession or business), the User has the option to choose within one month after Pararius invokes the jurisdiction of the Amsterdam court, to have the dispute settled by the court that is competent according to the law.

ARTICLE 13 - QUESTIONS, COMMENTS, OR COMPLAINTS

13.1

Questions, comments, or complaints about the Website or other services of Pararius can be submitted using the contact details provided on the Website, preferably via email at [email protected]. Questions, comments, or complaints should be submitted clearly and comprehensively. Pararius will strive to respond within 7 days after receiving the question, comment, or complaint.

ARTICLE 14 - PARARIUS PLUS

14.1

A Pararius Plus subscription is established between the Candidate and Pararius after a successful payment to upgrade a free Account to a Pararius Plus Account. Unless indicated otherwise on the website, the subscription agreement is concluded in Dutch. The Candidate can also find information about the subscription agreement in the Account.

14.2

The costs (subscription fee, including VAT) and content of the Pararius Plus service are provided on the Pararius page with further explanation about this service. This page can be found at: www.pararius.nl/info/parariusplus. Pararius may annually index the price in accordance with Article 10.6. Except for legally permissible price changes, the Candidate has the right to terminate the subscription immediately if the price changes within three months after the subscription is concluded.

14.3

If the Candidate is taking out a Pararius Plus subscription for the first time, the Candidate can use Pararius Plus for an introductory rate of €1 for the first week. After that, the Candidate will pay the regular monthly subscription fee. If the Candidate signs up for a Pararius Plus subscription again after canceling, the regular subscription fee starts immediately without the introductory rate.

14.4

Upon entering a Pararius Plus subscription, the Candidate has a 14-day period after a successful payment during which the subscription can be terminated free of charge and without giving any reason (right of withdrawal). The Candidate can cancel the subscription in their Account, using the withdrawal form https://www.pararius.nl/documenten/herroepingsrecht/, or by contacting us (e.g., by email or phone).

14.5

By entering into a Pararius Plus subscription, a continuous payment obligation is entered into. The subscription is automatically renewed monthly, unless canceled by the last day of the month at the latest. The Pararius Plus subscription can be terminated on a monthly basis, with a notice period of 1 month. Termination of the subscription can be done through the Candidate's Account or by contacting us by phone or email.

14.6

The subscription fee is collected by means of direct debit by Pararius's payment provider. On the Website, the Candidate has agreed to the automatic collection of the owed subscription fee. Unless otherwise indicated in advance, Pararius debits the subscription fee during the current month. The Candidate must ensure that there are sufficient funds for the direct debit. If the payment of the subscription fee cannot take place by means of direct debit on the indicated day, Pararius has the right to terminate the agreement after a legal reminder of 15 days. The Candidate is still liable for the subscription fee for the period during which the Pararius Plus account could have been used.

14.7

By taking out a Pararius Plus subscription, the Candidate accepts that this service does not necessarily lead to finding a (suitable) property; it only facilitates the Candidate's search.

14.8

The Pararius Plus service must comply with the agreement in accordance with the law.

Additional Terms and Code of Conduct for Advertisers

ARTICLE 1 – APPLICABILITY, DEFINITIONS

1.1

These additional terms for Advertisers, including a code of conduct ("Additional Terms"), are an integral part of and inseparably connected to the Terms of Use that Pararius applies to Users of the Website and all other services offered by Pararius. Advertisers are thus bound by both these Additional Terms and the aforementioned Terms of Use.

1.2

The terms used in these Additional Terms (identified by capital letters) are either defined in the glossary of the aforementioned Terms of Use or are defined below.

ARTICLE 2 - CODE OF CONDUCT

2.1

Advertisers are required to always act in accordance with the code of conduct outlined in this article.

2.2

The Advertiser shall exercise the utmost care in the performance of their activities and refrain from behavior that damages the trust in and reputation of Pararius. Relevant professional ethics rules shall be strictly adhered to by the Advertiser.

2.3

Pararius places great value on the quality of rental offers on its Website. To ensure this quality for all stakeholders, only one Advertiser can present a Property on Pararius. The Advertiser must obtain explicit exclusive permission from the relevant Seller/Landlord to list the Property. This exclusivity only applies to the listing of the Property on the Website (see article 2.4(c) for details). The Advertiser can use Pararius's permission form and have the Seller/Landlord complete it. The permission is valid as long as the Property is listed on the Website and is valid for a maximum of one year or until the Property is taken offline. If the Seller/Landlord grants another Advertiser permission to list the same Property on the Website 30 days after signing the form, the permission expires. If the Seller/Landlord grants another Advertiser permission to list the same Property on the Website within 30 days after signing the form, the permission only expires if Pararius has been informed via the contact details provided in the form.

2.4

Listing of Properties:

a. The Advertiser can only list Properties on the Pararius Website ("Listing") if they have obtained permission from the relevant Seller/Landlord in accordance with article 2.3.

b. The Advertiser will not list Properties if they are not available for rent/sale in the short term, meaning at least within 3 (three) months from the time of Listing, unless it concerns an upcoming new construction project.

c. The Advertiser must inform the relevant Seller/Landlord that only one Advertiser, each time a Property is available, has the possibility to list that Property on Pararius. While it is possible for the Seller/Landlord to provide rental instructions to different offices, Advertisers or not, the permission to List the Property on the Website can only be granted to one Advertiser.

d. This also means that a Advertiser cannot List a Property by entering a different address/house number in the Advertisement, alongside another Advertiser. To clarify: it is possible to offer co-listings via the Account.

e. The Advertiser must ensure that all information in the Advertisement is accurate, up-to-date, and complete.

f. When Listing a Property on the Website, the Advertiser will limit the content to advertising the Property. The Advertiser will not include URLs, email addresses, phone numbers, fax numbers, company names, logos, or office addresses in the advertisement text for a Property (a shortened company profile will be displayed in the Advertisement, including a phone number, which leads to the company profile upon clicking, as shown below). The Advertiser will not add logos or other company information to photos of a Property when placing them.

g. The Advertiser is obligated, if they have Listed one or more Advertisements, to add at least company information and logos to the business profile that Advertisers must create on the Website. If this is not the case, Pararius is authorized to add a logo and company information themselves, and the Advertiser hereby grants irrevocable permission for this if necessary.

h. An Advertisement must always contain at least one photo and a description in Dutch; otherwise, the Property cannot be Listed. On the non-Dutch part of the Website (pararius.com), it is preferable to include a description in English.

i. Discrimination of property seekers is not allowed in any way. Discriminatory advertisements will not be tolerated and may be removed by Pararius.

j. Pararius displays monthly rental prices. Therefore, a Property offered for rent must be available for a minimum rental period of one month.

k. It is not allowed to simultaneously place multiple advertisements for the same object. This also includes reposting an object under a different address, house number, or house number addition. Duplicate advertisements will be removed from the platform.

Control by online estate agents:

l. For Advertisers classified as online estate agents (estate agents who agree with Sellers/Landlords that they will handle part of the activities related to the sale/rental of a Property themselves), the following applies: they are (i) obligated to prevent Sellers/Landlords from placing 'scam properties' (fake advertisements placed by Sellers/Landlords to defraud Candidates) through their Account, and (ii) obligated to perform the checks listed below on Sellers/Landlords before Listing a Property:

The owner of the Property is verified by checking the Land Registry or, if it is not up-to-date, by checking the deed of transfer through which the Property was transferred to the Seller/Landlord.The identity of the relevant Seller/Landlord is verified through an ID check, ensuring that the place of birth matches the passport and the Land Registry.It is verified whether the Seller/Landlord has a bank account in the name of the owner indicated in the Land Registry. This account number must be a Dutch IBAN. If a foreign account number is used for verification, the Property cannot be listed on the Website. These Advertisers document the checks in a landlord dossier.

m. Without prejudice to the other provisions in the Terms of Use (including these Additional Terms), the Advertisers mentioned in the previous clause are liable for damages resulting from the placement of scam properties through their Account. Pararius reserves the right to recover any damages suffered from the Advertiser. Pararius has the right (i) to perform checks on such a Advertiser if it is determined or suspected that a scam property has been placed through the Account, and the Advertiser is required to cooperate with the check, and (ii) if it is determined that the checks listed in the previous clause have not been fully performed, to immediately block access to the Account and/or the Website.

2.5

Removing Properties / modifying Advertisements:

a. If a Property is no longer available or the relevant Seller/Landlord has revoked permission for the Advertiser, the Advertiser shall promptly remove the Property from the Website.

b. If a Property is provisionally rented, the status in the Advertisement must be adjusted accordingly.

2.6

Interrelations between Advertisers:

a. Advertisers aim for interrelations based on goodwill, trust, and respect for each other's expertise.

b. A Advertiser who receives permission to List a Property on the Website, which permission was previously granted to another Advertiser, is required, in the interest of the relevant Seller/Landlord, to accept this permission only after consulting with the other Advertiser and providing a revocation of the order from the relevant Seller/Landlord to the other Advertiser. This is because only one Advertiser can list the Property on the Website.

c. If a Advertiser believes that another Advertiser is acting in violation of these Additional Terms, both the relevant Advertiser and Pararius shall be notified immediately.

2.7

Relationship between Advertiser and Candidate:

a. Advertisers who list rental properties on Pararius are required to comply with legislation regarding brokerage fees.

b. Advertisers who display their phone number on Pararius are expected to be reachable by phone on Dutch working days between 09:00 and 17:00.

c. Advertisers must contact Candidates who contact them through Pararius within three (3) working days.

d. If Pararius receives complaints about a Advertiser that prove to be justified, Pararius has the right to block or exclude this Advertiser and their Account from the Website and Pararius's services indefinitely. Complaints will not be shared with the respective Advertiser unless there is a specific urgent (legal) need. If complaints are shared, Pararius will anonymize them to protect the privacy of the complainants.

2.8

In addition to what is stated in the Terms of Use, the following applies to the Advertiser's Account:

a. The Advertiser is fully responsible for all activities through their Account and for all information and (personal) data contained in their Account. The Advertiser must only use personal data for the purposes for which they were collected by Pararius or compatible purposes (unless the Advertiser obtains explicit consent from the individual for other purposes).

b. The Advertiser must take all measures to prevent unauthorized access to their Account and their own systems, including their email account.

c. In case Pararius suspects that an unauthorized third party has or can gain access to the Account, Pararius has the option to immediately block access to the Account.

d. If a Advertiser suspects that an unauthorized third party has or can gain access to the Account, for example because the Advertiser's Account has been hacked or phished, the Advertiser must immediately inform Pararius of this and have their hardware and software systems examined by a specialist who will provide written confirmation to Pararius that everything is secure again. After receiving this confirmation, Pararius can unblock the Account.

e. If an unauthorized third party has had or could have access to the Account, the Advertiser and Pararius will discuss reporting this situation, if necessary, to supervisory authorities and/or the User whose data was in the Account.

f. Pararius, like the Advertiser, has access to the (personal) data in the Account. The Advertiser does not have access to data in the accounts of other Advertisers.

g. Without prejudice to the provisions elsewhere in the Terms of Use or these Additional Terms, Pararius is not liable for third-party damage resulting from the Advertiser's failure to comply with the foregoing.

2.9

Combatting illegal rentals: To protect property seekers from illegal rental offerings, Advertisers are prohibited from offering Advertisements with the following content (the following requirements arise from the Personal Records Database Act):

a. Live here, don't register here: It is prohibited to offer a Property without the resident being able or allowed to register at the municipality at this address.

b. Don't live here, do register here: It is prohibited to offer a Property that is not intended for living but where the tenant is allowed to register at the municipality at this address.

c. If Pararius finds that an Advertisement concerns an illegally offered Property, Pararius reserves the right to modify and/or remove the Advertisement. Without prejudice to the provisions elsewhere in the Terms of Use or these Additional Terms, Pararius has the right to share the Advertisement and the contact details of the Advertiser and/or the Seller/Landlord with the competent authorities in case of such a violation.

2.10

Pararius as a platform:

a. At the request of the Advertiser, Pararius can repost Properties on websites of affiliated companies. Advertisers can also directly list Properties on those websites.

b. There is no differentiated treatment of Advertisers, regardless of whether they advertise on the Website or on websites of affiliated companies (see article 4 below for ranking).

c. Pararius processes the data of Advertisers as indicated in the privacy policy.

ARTICLE 3 – COSTS FOR BLOCKAGE

If Pararius proceeds to block the Website, the Account, and/or the other services offered by Pararius (see article 7 of the Terms of Use), all costs incurred by Pararius as a result will be borne by the relevant Advertiser.

ARTICLE 4 - RANKING

As a starting point, Pararius ranks Property listings based on chronology: the most recently listed Properties are shown at the top. However, Pararius offers Advertisers the option to rank Properties higher for a fee. More information about the possibilities can be found here (web page in Dutch).

These General Terms and Conditions (English version) were last amended on: August 21, 2024.

Pararius BV 

Chamber of Commerce number 34242388 
Blaak 555
3011 GB Rotterdam
[email protected]
T: 020-4712111