Last update: 07.03.2014
Terms and Conditions - End users
Welcome to Pendo. This document contains the general terms and conditions (“Terms”) of Pendo. The Terms apply to all agreements concluded in connection with pendo.cc and all the usage you make of our Website. The Terms contain important information about your rights and obligations. We advise you to read the Terms carefully.
1. Definitions and applicability
1.1. In these Terms and Conditions, the capitalized words listed below have the following meanings:
- (A)Pendo: the user of these Terms, Pendo represented by B.A. Kapeller, located at Mariastraat 19H, 6211ER Maastricht and is registered in the register of the Chamber of Commerce.
- (B) Terms: these terms and conditions.
- (C) Website: the website which can be found via www.pendo.cc
- (D) Pendos: points you can earn on the Website in exchange for a performed service or a supplied good.
- (E) Member: the counterparty of these Terms.
1.2. The Terms shall apply to all the agreements you made with Pendo and any use you make of the Website, unless stated otherwise. Deviations from the Terms are only valid if you Pendo has agreed in writing.
1.3. Before the agreement is concluded, the text of these Terms are made available in such a way that they can be stored on a durable medium.
2. Identity of the user
Pendo represented by B.A. Kapeller
3. Content of the Agreement
3.1. Pendo offers a non-exclusive, limited, personal and non-transferable license to use the Website. The Website is used as a community exchange platform for services and goods on the basis of a mutual credit clearing currency and zero sum accounting.
3.2. In addition, Pendo allows you to create your own private or public community exchange platform using its web infrastructure.
3.3. You and other Members can offer and request goods and services on the Website to other users in exchange for Pendos.
3.4. Pendos are begged to but not convertible to conventional currency. Its main basecurrency is time.
4. Registration and use of the Website
4.1. To use the Website you must register via the registration form on the Website. By completing and submitting this registration form you conclude an agreement with Pendo, by which we grant you a non-exclusive, limited, personal and non-transferable license to use the Website. Registration on the Website is free of charge. The setup of private or public networks within Pendo are subject to payment depending on the model. Some premium features of an user account are also subject to payment.
4.2. You are obliged to provide accurate, correct and complete registration information and to adapt them in your account if your details change. It is for instance not permitted to create an account under a false name. It is not allowed to have more than one account per person.
4.3. You may only register on the Website if you are 16 years or older.
4.4 It is allowed to register if you are acting in the exercise of a professional or business. This means that for example companies and sole proprietorships are allowed to register.
4.5. When registering on the Website you choose a password. You are responsible for choosing a sufficiently secure password. Your login information is strictly confidential and you may not share it with others. If you suspect or know that somebody else has received your login details and has access to your account you are required to inform us and change your password as soon as possible. You can also contact us so we can take appropriate action.
4.6. Your license to use the Website is strictly personal. You may not transfer it (for example by selling or giving) to another person or corporation.
4.7 Pendo reserves the right to refuse a registration.
5. Offering of goods or services on the Website
5.1.A member is allowed to post an offer for goods or services on the Website. It is not allowed to post offers for forbidden or illegal services or goods on the Website.
5.2 Pendo does not offer any guarantee regarding the offers placed on the Website. Please be aware of the fact that Pendo is not a party to any agreement you conclude with another Member. This also means that these Terms are not applicable to the agreement you conclude with another Member and that possibly other terms and conditions might apply. Concluding an agreement with another Member and performing the concluded agreement takes place at the risk of you and the other Member.
5.3 Please be aware of the fact that you are also responsible for insurance. Private liability insurances may not cover activities for which any kind of reward, in this case Pendos, is received. It is advised to request further information at your insurance company or insurance advisor.
5.4. It is not allowed to offer goods or services on the Website in exchange for another entity than Pendos. However, you may offer your services for free.
6. Requesting of goods or services on the Website
6.1. A member is allowed to post requests for goods or services on the Website. The member is not allowed to requests forbidden or illegal services or goods on the Website.
6.2. It is not allowed to offer goods or services on the Website in exchange for another entity than Pendos. You may not offer services which normally are paid for with money or other resources. However, you may offer your services for free.
6.3 Pendo does not offer any guarantee regarding the requests placed on the Website. Please be aware of the fact that Pendo is not a party to any agreement you conclude with another Member. This also means that these Terms are not applicable to the agreement you conclude with another Member and that possibly other terms and conditions might apply. Concluding an agreement with another Member and performing the concluded agreement takes place at the risk of you and the other Member.
6.4. It is not allowed to request goods or services on the Website in exchange for another entity than Pendos. However, you may offer your services for free.
7. Earning and redeeming Pendos
7.1. You can obtain Pendos in several ways, including, but not limited to the following:
- (A) providing a service or good to another user;
- (B) by providing a service to a other users in other private or public networks;
- (C) as a gift from another user or from the Pendo fund, and
- (D) by conducting various activities advertised on the Website.
More information on how you can make use of the Pendos can be found on the Website.
7.2. Exchanging Pendos for any other currency (for instance Euros) is prohibited and Members who engage in such actions will see their account dispensed.
7.3. Through your account on the website you can see how many Pendos you have earned.
7.4. It is possible to have a negative balance (overdraft). This negative balance can be regarded as an interest free loan from the other Members. Depending on your exchange history and rating your credit limit is adjusted automatically by Pendo.
7.5. In public or private networks the exchange rate, credit and debit limits and other settings may differ. Please see the terms and conditions of the respective network.
8. Transaction fees
8.1. Pendo is for free of charge. Currently no transaction levy applies. In the future we would like to implement a transaction fee that functions as a negative interest'. This transaction fee will not be applied to retroactively. You will be informed in time about its implementation.
8.2. In public or private networks where a membership or subscription fee is required by the administrator of the respected network a percentage is deduced in that currency alongside a small transaction levy (in Pendos). This does not apply as long as the service is in Beta mode.
8.3. There are no transaction fees chargeable by public or private networks administrators for the use outside the respective network.
9. Unauthorised transactions
9.1. If you believe that an improper transaction took place through your account, you are required to report to Pendo as soon as possible. You should always report unjust transactions within 14 days after you became aware of it and report no later than within 4 weeks after the transaction took place. Pendo will then try to figure out whether there is an unjustified transfer of Pendos or not. Please note that Pendo is under no obligation to monitor the transactions made through Member accounts. You are responsible for monitoring your account.
9.2. If Pendo suspects that a transaction has wrongly taken place or there is abuse or fraud, then it reserves the right, at its sole discretion, to undo or freeze the improper transaction.
9.3. If Pendo does stop or undo an transaction, it shall always contact you in advance and give you the opportunity to respond to the suspicion that there is an improper transaction.
10. Rules and information on the website
10.1. It is not allowed to post violent, intimidating, threatening, discriminatory, hateful, defamatory or pornographic content on the Website. It is not allowed to post content which forms an infringement on the intellectual property rights or privacy of others or is illegal or forbidden in any other way. If you post content on the Website, you are required not to include incorrect, incomplete or misleading information.
10.2. You may not post commercial information, advertising or promotional references on your account except for the services and goods you offer in exchange for Pendos through the Website.
10.3. The spread of spam, viruses, or attempts to obtain login information from other users of the Website, the trial of software or technology through the Website, blocking access to the Website, conducting or effecting fraudulent transactions on the Website is not permitted.
10.4. Please be aware of the fact that Pendo can and will not prevent other Members from using, copying or redistributing content you place on the Website. Pendo cannot be held responsible for infringements by third parties on your intellectual property rights and / or other abuse of your information. In your account, you can edit your information and adjust your privacy settings.
10.5. Pendo makes every effort to post only accurate information on the Website but cannot be held responsible for any errors or inaccuracies on the Website.
10.6. The Website may contain links to the websites of others. Please note that these websites might have their own terms and conditions and privacy provisions. Pendo is not responsible for the content of these websites.
11. Duration of the agreement, blocking and deletion of your account information
11.1. If you create an account or public or private network, you enter into an indefinite agreement with Pendo. You may at any time terminate the agreement you have with Pendo by removing or closing your account on the Website. More information about deleting your account can be found on the Website.
11.2. Pendo has all the right to remove information you post on the Website immediately if they violate the General Terms and Conditions.
11.3. If Pendo believe that you acted repeatedly or seriously contrary to the Terms or the rules which can be found on the Website, Pendo has the right to suspend your account. If Pendo intends to delete your account, you will be informed about the opportunity to respond proper.
11.4. If your account has been inactive for more than 12 months, Pendo has the right to delete your account. Before Pendo deletes your account, it will always inform you in advance.
11.5. Pendo always has the right to discontinue the Website. Before Pendo will proceed to discontinue the Web site, you will be informed in advance. Pendo is not liable for any damage that occurs to you because it decides to discontinue the Website.
11.6. Pendo can in no way held to pay a refund if your account is deleted. If you decide to delete your account by yourself, you can choose to donate your remaining Pendos to another Member. If you delete your account your positive balance will be transferred to the network or Pendo account.
12.1. Pendo is not liable for any damage resulting from the use of the Website, unless the damage is due to the intent, gross negligence or willful recklessness of Pendo.
12.2. Pendo is not liable for any indirect damage resulting from the use of the Website.
12.3 The liability of Pendo is always limited to the insured amount as provided by the insurer of Pendo.
12.4. Pendo lincenses you to use its website for posting requests and offers for services and goods in exchange for Pendos and for responding on these requests and offers. Pendo is not involved in the supply of services offered through the website and has no control of that process. Pendo is not bound by the agreements you make with other users. Pendo can not be held liable if one of the parties fails to fulfill the agreement entered into with you or any damage caused during an agreement.
12.5. Pendo does not monitor the messages you post on the Website itself or other users. Pendo can not be held responsible for the content, information or comments that other users on the Website make.
12.6. You are solely responsible for all messages and other information that you post on the Website and you are responsible for any damage you, others or Pendo suffer as a result of it.
14. Complaints about the content of the Website
13.1. If you believe that certain information on the Website is in violation of your rights or is otherwise unlawful (such as personal details are included or your intellectual property rights therein are violated without your permission), you can file a complaint and submit it via the report abuse button on the Website or through the contact information provided on the Website.
13.2. If a complaint is made about information that you or another user has posted then you or the other party have the opportunity to request a response from Pendo within a certain period to clarify the complaint. If Pendo considers that the information apparently (or clear) is unlawful, then it will remove it from the Website.
13.3. If Pendo receives several times complaints about information you posted on the Website Pendo is eligible to delete your account (see Article 10).
15. Privacy and personal data
14.1. Pendo values your privacy and is careful with your personal data. More information about the processing of your personal data can be found in our privacy statement which can be found on our website.
16. Intellectual property rights
15.1. The content found on the Website is protected by intellectual property rights of Pendo or its Members. This means that you may not copy this content without the consent of Pendo or the concerned Member.
15.2. If you place content on the Website (such as pictures or texts) you warrant that you have the right and / or authorization to do so. In that case you give Pendo free rights to publish it and to save information onto the Website. Including the rights to save information to the extent necessary. For example that Pendo can perform backups or keeping records.
17. Modification of these Terms and Conditions
16.1. Pendo has the right to change these Terms at all times. Pendo is obliged to notify you in advance of the intended change.
16.2. If you do not agree with the amendment of the Terms and Conditions, you have the right to terminate the agreement with Pendo by removing your account.
18. Other provisions
17.1. If any provision of the Terms are invalid or voidable, it does not affect the validity of the other provisions of the Terms and Conditions. Parties will in this case adopt a provision as closely as possible to what was originally in the provision and what the rest of the terms and conditions agreed.
17.2. On the agreement you have with Pendo, the General Conditions and any disputes arising in connection with the use of the Website is governed by Dutch law. All disputes arising between you and Pendo must be submitted to the competent court in Maastricht, The Netherlands.Back