GENERAL TERMS AND CONDITIONS ANANAS B.V.

Having its seat of business at Linnaeusstraat 2G, 1092CK Amsterdam

Registered with the Chamber of Commerce under number 68123582 0000

Last modified 02/03/18

Welcome!

These General Terms and Conditions explain the terms by which you may use the Ananas App and its services. Please ensure that you read these General Terms and Conditions carefully. We at Ananas B.V wish to emphasize the following matters regarding our services:

  • Ananas B.V. offers a language exchange communication platform app (hereinafter: the “App”). Our main goal is to connect people from all over the world that want to learn languages with people that speak these languages and wish to teach others (hereinafter: the “Users”), also non-professionals and professional language teachers may use the App upon payment of a monthly subscription fee to Ananas B.V. (hereinafter: the “PRO-users”). Use of the App is free of charge for non-Pro-Users.
  • Ananas B.V. is not responsible for anything that you communicate via chat or post while you are using the App.
  • Ananas B.V. does not monitor conversations between Users in the App. However, if Ananas is alerted to any violations of these Terms and Conditions or any inappropriate behaviour from its Users then Ananas B.V. will, at its own discretion, revoke access, block or delete profiles and remove content from the Users concerned.

ARTICLE 1. APPLICABILITY

  • These General Terms and Conditions apply to the connecting to Ananas via Facebook, registering your User profile, as well as to any use of your profile and any use of content information, documents, features in the App and/or other services and products from Ananas B.V. These General Terms and Conditions govern your access to and use of the services of Ananas B.V. and any content and information in the App.
  • Ananas B.V. may revise these General Terms and Conditions from time to time. The current version of these General Terms and Conditions shall always be found here: https://ananas.club/terms. We will keep you informed and notify you of revisions of these General Terms and Conditions via email. By continuing to access or use our services and the App after these revisions became effective, you agree to be bound by the revised General Terms and Conditions.

ARTICLE 2 SERVICE ELIGIBILITY

  1. To be eligible to use the services of Ananas B.V., you must meet the following criteria and represent and warrant that you:
    • are 18 years of age or older;
    • have a Facebook account;
    • are using your real name and identity in your profile and you will not provide any false personal information or create a profile for anyone other than yourself without permission;
    • you will only maintain one profile at any given time;
    • are not currently restricted from Ananas If we disable your profile you will not create another one without our permission;
    • will not violate any rights, including intellectual property rights such as copyright or trademark rights;
    • agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with us.
    • by connecting to Ananas B.V. via Facebook you give us permission to access and use your information from Facebook as permitted by Facebook.

ARTICLE 3 USER PROFILE – USERS AND PRO-USERS

  1. By registering a User profile with Ananas you agree to:
    • not permit others to use your profile;
    • that you are responsible for anything that happens through your profile until you close down your profile or prove that your Facebook account security (by which you log in to the App) was compromised due to no fault of your own.
  2. You may control your User profile and how you interact with the App by changing the settings in your app’s Edit Profile page.

ARTICLE 4 USE OF THE APP

  1. Ananas provides the technical platform for communicating between Users. The App contains social elements that enables Users to look for other Users and be matched with each other based on their preferences. Users that have connected with other Users, can view each other’s preferences and chat with each other.
  2. Ananas provides the technical platform for communication and booking of text chat sessions with PRO-Users, willing to teach a language for a fee. Users and PRO-Users can find each other and connect via Ananas. Ananas is not involved in or responsible for the PRO-Users offering, delivery or quality of services to Users. User and PRO-user enter into a separate business agreement regarding the teaching by the PRO-user. Ananas explicitly does not guarantee the quality, safety or legality of the teaching services advertised by PRO-Users, the qualifications, background, or abilities of PRO-Users to deliver teaching services, the ability of Users to pay for teaching services, or that a User or PRO-User can or will actually complete a transaction.
  3. Users that connect with PRO-users can rate the services provided by the PRO-users. Reviews of PRO-users will be displayed in the App.
  4. Each User and PRO-User is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services from and by independent contractors.
  5. The App contains a list of PRO-Users. The information in this list comes from third party sources, from PRO-Users and from Users. Ananas B.V. does not verify the information or the accuracy thereof contained therein.

ARTICLE 5 PRO-USERS

  1. Membership and Payment conditions: Users become PRO-Users by paying a monthly subscription (through the android or iOS IAP normal subscription procedure) to Ananas B.V. While that subscription is active PRO-Users can use their PRO- User profiles and will be shown as PRO-User in the PRO-User list.
  2. Pro-User membership can be cancelled at any moment through the applicable App-store in accordance with the applicable App-store policy.
  3. If the monthly subscription is not paid or payment fails, Ananas will deactivate your Pro-User profile. Upon receipt of payment the profile will be reactivated.
  4. Courses and Rates: No course may ever contain any prohibited content including but not limited to material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all information submitted in the App is original to you, and not copied in whole or part from any third party.
  5. You are responsible to accurately describe your course(s) and rates.
  6. We reserve the right to cancel your Pro-User profile on the App at any time and at our sole discretion. If applicable law requires us to provide a notice of termination or cancellation, we may give notice by sending written communication to any address (email or otherwise) that we have for you in our records. You will be liable for any breaches and/or obligations incurred before we suspend or terminate your profile.
  7. You agree that you are prohibited from soliciting any personally identifiable information from any User on the App and that you are prohibited from disclosing such personally identifiable information to any third party. You are not allowed to obtain any personal information from Users other than their profile information available through the App.
  8. Pro-Users are solely responsible to comply with all applicable local taxes or charges imposed by any government entity, directly or indirectly, in connection with your teaching.
  9. Any User who is dissatisfied with your course is required to contact you directly on any issues or complaints. You must resolve any issue or complaint with the User.
  10. You are expected to perform in a manner that results in a consistently high level of User satisfaction.

ARTICLE 6 USER CONTENT AND WARRANTY

  1. All content created, published or submitted in the App, including, but not limited to, ideas, concepts, techniques or data, profiles and the content of video-, audio- or text chats and –conversations (hereinafter: “User Content”) is the sole responsibility of the person who created such User Content. You are responsible for ensuring that your User Content complies with these General Terms and Conditions.
  2. You warrant that any User Content or other information which you submit, create or publish in the App is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all information submitted in the App is original to you, and not copied in whole or part from any third party. Please do not submit anything that is required to be kept confidential.
  3. All User Content will be deemed to be non-confidential and we will be entitled to use or disclose the User Content in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Ananas B.V. or any other party should any User Content created or published by you be used as mentioned by Ananas B.V. or such other party.
  4. Ananas B.V. has no obligation to, review the User Content and is in no manner responsible for User Content. Ananas B.V. does not guarantee the accuracy, integrity or quality of User Content. Ananas B.V. cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear in the App. Ananas B.V. is not responsible or liable for any User Content or activities of Users on the App.
  5. Any use of or reliance on any content on the App, including, without limitation, User Content, is at your own risk.
  6. By using the services of the App, you agree that any content that you submit may be transmitted to the recipient of your communication.
  7. Ananas B.V. reserves the right (but have no obligation) to decide whether any User Content that you create, or use complies with these General Terms and Conditions. We may in our sole discretion remove such User Content and/or terminate /block your user profile if you publish or use any User Content that is in breach of these General Terms and Conditions. Ananas B.V. is under no obligation to put back such removed User Content or your profile.
  8. You shall immediately notify Ananas B.V. in writing at [email protected] of any objectionable content appearing on the App or any content you believe infringes any of your rights (including intellectual property rights) or is unlawful. Ananas B.V. will investigate but does not warrant that it will edit, remove, or continue to permit the display of any specific User Content. Ananas B.V. will not assume any liability whatsoever for editing, removing, or continuing to permit the display of User Content whatsoever.

ARTICLE 7 COMMUNITY GUIDELINES AND GENERAL PROHIBITIONS

We want this community to be respectful to each other.
We reserve the right to ban/restrict usage to anyone that behaves in one or multiple of the following ways:

  1. Being inappropriate
    • Keep in mind that there is a real person on the other side of your chat. Please keep it respectful.
  2. Hateful speech
    • Any usage of hateful speech might very likely get you permanently banned.
  3. Harassing
    • Any harassment, threats or disclosing private information might very likely get you permanently banned.
  4. Scamming / Spamming
    • Any usage of the platform to sell, scam or spam other users might very likely get you permanently banned.
  5. Nudity/Sexual/Violent Content in media
    • Don’t put any pictures on your profile that you wouldn’t show all your friends. They might get removed and your account might be banned.
  6. Unattended Children in media
    • We don’t want pictures of unattended children; this app is for 18+.
  7. Copyright infringement
    • Don’t display any pictures of Copyrighted images, they will very probably get removed and your account might be banned.

ARTICLE 8 PRIVACY

  1. Your privacy and your ability to control your personal data is very important to us. Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the App service you consent to the collection and use (as set forth in the Privacy Policy) of this data.

ARTICLE 9 QUALITY OF SERVICES

  1. While we strive to provide a high-quality communication platform, we cannot guarantee that the App will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the services in the App and may result in the failure of your communications. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy of the services provided or of the App.

ARTICLE 10 SOCIAL MEDIA (Facebook)

  1. As a user of our services you have the option of granting us access to your accounts on certain third-party social media and networking Services, such as Facebook so that we can capture and make available on Facebook Content that you have stored in your account(s). By granting us access to your Facebook Content, you understand that we will access, after you have reviewed the Facebook Content accessed by our App, make available and store (if applicable) such Facebook Content so that it is available on the App. We are not responsible for any Facebook Content stored on your Facebook account and that you choose to make available to the App. Please note that subject to the privacy settings you have set in your Facebook account, personally identifiable information that you post to your Facebook account may be available in the App. Please note that if your Facebook account becomes unavailable or Facebook terminates our App’s access to your account, any Facebook Content will no longer be available on the App. You can cancel the connection between the App and your Facebook account at any time, by accessing the “Settings” in your Facebook account. Please note that your relationship with Facebook regarding your Facebook Content is solely covered by your agreement with Facebook.

ARTICLE 11 ANANAS B.V. INTELECTUAL PROPERTY RIGHTS

  1. All rights (including but not limited to all intellectual property rights) and interest in and to the App and its services is and will remain the exclusive property of Ananas B.V. The App and all content (excluding User Content) and features therein are protected by copyright, and other laws. Nothing in these General Terms and Conditions give you a right to use any of our content, name, copyrights, logos, domain names, and other distinctive brand features.

ARTICE 12 TERMINATION AND PROFILE CANCELLATION

  1. We will have the right to suspend or disable your profile or terminate these General Terms and Conditions, at our sole discretion, without prior notice to you and without recourse to the courts, if you breach any of these General Terms and Conditions or if we decide to cease offering the App and/or our services to users in your jurisdiction generally. We reserve the right to revoke your access to and use of the services and of the App at any time, with or without cause.
  2. In the event we terminate these General Terms and Conditions for your breach, you will remain liable for all amounts due hereunder, to the extent that there are amounts outstanding and payable to Ananas B.V.
  3. You may cancel your profile at any time by pressing the Delete Account button in the Settings page.
  4. You may request Ananas to delete your User Content and profile (including personal data) at any time, unless you have shared information or Content with others and they have not deleted it, or it was copied or stored by other Users.

ARTICLE 13 WARRANTIES

  1. Your access to and use of the services and the App or any content and information is at your own risk. You understand and agree that the App is provided to you on an “AS IS” and “AS AVAILABLE” basis. Ananas B.V. does not provide any warranties or is responsible or liable for the completeness, accuracy, availability, timeliness, security or reliability of the App or any content or information therein. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your use of the App, or any content and information. Ananas B.V. is not responsible or liable for the deletion of, or the failure to store or to transmit, any content or information in the App. Ananas B.V. does not provide a warranty that the services provided in the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the App, will create any warranty.

ARTICLE 14 LIMITATION OF LIABILITY

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANANAS B.V. and ITS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES AND FROM THE APP; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT OUR LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED EUR 250,-.
  2. If any third party brings a claim against us in connection with, or arising out of (i) your breach of these General Terms and Conditions; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Content or (v) your complaint in relation to any User Content, you will indemnify and hold us harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

ARTICLE 15. REGULATION OF COMPLAINTS

  1. Complaints about the use of the App or your profile should be notified to Ananas B.V. in writing via email to [email protected]

ARTICLE 16. APPLICABLE LAW AND CHOICE OF COURT

  1. Dutch law applies to agreements between you and Ananas B.V. to which these General Terms and Conditions apply. The Vienna Sales Convention does not apply.
  2. All disputes that cannot be resolved according to the complaints procedure of article 16 that arise out of or in connection with these General Terms and Conditions shall be resolved by the competent court in the court district where Ananas B.V. has its seat of business.

ARTICLE 17 MISCELLANEOUS

  1. Our failure to enforce any right or provision of these General Terms and Conditions will not be deemed a waiver of such right or provision.
  2. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
  3. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, the Services for any third party that assumes our rights and obligations under this Agreement.
  4. These General Terms and Conditions and our Privacy Policy are the entire and exclusive agreement between Ananas and you regarding the use of our services and the App (excluding any services of PRO-Users for which you have a separate agreement with the PRO-Users).