Article 1 – General

The Female Journalists Network Foundation (SFJN) is registered with the Chamber of Commerce under number and is located at 6 Vossenstraat (6811JL) in Arnhem, hereinafter: SFJN. SFJN is the provider of the SFJN application that User can use. By using the SFJN application, Qalat User agrees to these terms of use.

User must accept these terms and conditions before using the platform. If User does not agree to these terms of use, SFJN requests User not to continue using this platform. SFJN advises everyone who uses the platform to regularly review the terms and conditions in case of changes.

If one or more provisions of these terms and conditions are partially or wholly invalid, the other provisions of these terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision. Uncertainties about the content, explanation or situations that are not regulated in these terms and conditions should be assessed and explained in the spirit of these terms and conditions.

By using the Qalat platform, User agrees that SFJN communicates about the services by means of notifications (including electronic communication). When talking about the platform, this also includes the online portal.

Article 2 – Privacy, data processing and security

SFJN handles the (personal) data of the User with care. Processing of personal data will only take place in the context of the execution of the services of SFJN. SFJN will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the privacy statement of SFJN.

Article 3 – Use of the platform

1. SFJN makes every effort to make the platform available to the User. All services are performed on the basis of a best efforts’ obligation. The user can access the platform after the User has created an account.

2. The user is at all times responsible for all data and information that she places or has placed on  her/his/their account and/or the platform. If the User suspects that the information provided by her is incorrect or incomplete, the User will inform SFJN immediately and provide the correct information. User must keep  her/his/their data up-to-date and can adjust  her/his/their data in  her/his/their own account for this purpose.

3. SFJN may impose further restrictions or conditions on access to and use of certain parts or functions of the Platform, including but not limited to creating an account, completing a verification process and/or meeting specific quality standards. – or eligibility criteria.

4. SFJN offers an extensive database of women with a certain expertise and media organizations. The relevant database enables media organizations to quickly and easily find an expert with knowledge about a particular subject. By automating the supply and demand mechanism, SFJN brings together the ambition of experts and the business needs of the media organizations on one platform.

5. The User will indicate her/his/their specifications, after which the algorithm will match the User with a media organization that is looking for the same specifications.

6. The User will only gain access to the Website if the User meets the following criteria:

1. User is a (i) journalist belonging to a media organization; (ii) a freelance journalist; (iii) a researcher and (iv) a representative of media organisations, media outlets and/or media agencies;
2. User does not appear in a criminal investigation concerning making hate speech or otherwise discriminatory acts and/or promoting sexist and/or racist behaviour;
3. User does not support or promote dictatorships, oppressive states, terrorist and/or violent organizations.

Article 4 – Obligations when using the platform

1. The user has at all times an independent responsibility for the use of the platform. User is obliged to adhere to the following regulations while using the platform. User must refrain from using the platform:

1. to use manual or automated software, equipment or other processes to index or scrape the data used within the platform on the internet;

2. in a way that involves illegal activities or activities that are contrary to morality or public order;
3. to harm other Users on the platform
4. copying (parts of) the Qalat platform;
5. to otherwise harm the interests of SFJN.

2. In the event of (possible) criminal acts, SFJN is entitled to report this and to hand over the data provided by the User to the competent authorities, as well as to perform all acts that are requested of it in the context of the investigation. SFJN has the right to deny the User access to the platform and/or to terminate the use of the platform.

3. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the User.

4. User is responsible for the proper security of the (mobile) device on which she/he/they uses the platform.

5. Each User must create an account for the purpose of accessing and using the platform.

6. The account can be registered with an e-mail address and a password, unless stated otherwise. 

7. The User must go through a Two-Factor Authentication procedure for security measure. 

8. The User is obliged to provide correct and complete information during the registration of the account and to keep the account up-to-date at all times.

9. The User is responsible for his/her/their login details and must not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possibly there is unauthorized use of the account, User must immediately contact SFJN. The User is personally liable for all activities carried out via her/his/their own account, unless the User can demonstrate that he/she has not been negligent. This in any case includes: failure to report unauthorized use or loss of login data.

Article 5 – Access

1. SFJN only offers the use of the platform. SFJN never has any responsibility for and/or influence on the execution of the agreement between the User and a media organization.

2. All information and numbers displayed on the platform are subject to spelling or typing errors.

3. The User shall ensure that all data, which SFJN indicates are necessary or which the User should reasonably understand to be necessary for access and/or use of the platform, are provided to SFJN in a timely manner.

4. SFJN is not liable for damage, of whatever nature, caused by SFJN relying on incorrect and/or incomplete information provided by the User, unless SFJN was aware of this inaccuracy or incompleteness.

Article 6 – Communication facilities

1. SFJN enables Users and media organizations to send messages if they are a match. Users and media organizations grant SFJN permission to forward messages addressed to them through the communication facilities. SFJN will hereby not provide email addresses or other contact details of Users and media organizations.

2. SFJN advises Users to exercise caution when sending messages through the platform. SFJN specifically advises Users not to include financial information in any messages.

Article 7 – Newsletter

The platform offers Users the opportunity to sign up to receive a newsletter from SFJN or from third parties who offer this option via the SFJN platform. If Users want to receive the newsletter, they can indicate this on the registration form or register for it via a link in the platform. After registration, Participants can unsubscribe from the newsletter by clicking on the link in the newsletter itself.

Article 8 – Availability platform

SFJN does not guarantee that the services will always meet the expectations raised in advance. SFJN strives to make every effort to provide the platform and access to the platform to the User, as far as possible, without interruption, but SFJN does not guarantee the full availability of the platform at all times. SFJN is entitled if and insofar as there is a danger to the error-free functioning of the platform and to suspend the use of the platform in its opinion. SFJN is furthermore entitled to take all measures it deems reasonably necessary to ensure the effective functioning of the platform.

Article 9 – Notice and takedown

If and insofar as there is an infringement of the rights of SFJN or third parties and/or unlawful acts by the User, SFJN is entitled to close that part of the platform with immediate effect or to exclude the User from the use. SFJN will immediately remove any infringing/harmful information. Under no circumstances is SFJN liable for damage of any nature whatsoever, as a result of (temporarily) shutting down the service and/or removing or passing on data.

Article 10 – Payment

The right to use the platform is not subject to any payment obligation.

Article 11 – Limitation of liability

1. User indemnifies SFJN from the moment that User first uses the platform for all damage that has arisen, except in the case of intent or gross negligence on the part of SFJN. If and insofar as any statutory provision opposes this, SFJN’s liability is limited to EUR 100 per claim or a series of claims per year.

2. SFJN is not liable for damage that is or may be the result of (incomplete and/or incorrect) information on the platform or that of linked websites or applications.

3. If the performance of the service leads to liability on the part of SFJN towards the User, that liability is limited to the costs charged by SFJN in connection with the agreement with regard to direct damage. Direct damage is understood to mean reasonable costs incurred to limit or prevent direct damage, to determine the cause of damage, the direct damage, liability and the method of repair.

4. In no event shall SFJN be responsible for errors and/or irregularities in the functionality of the Platform and shall not be liable for any malfunction or unavailability of the Platform for any reason or the loss and/or corruption of the data and information of User.

5. SFJN does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of SFJN, nor for the timely receipt thereof.

6. SFJN is not liable for the fact that the User has not received the account information, or has not received it correctly and/or not on time. SFJN is never liable if the User has not kept his login and/or account details in a safe place.

7. All claims of the User due to shortcomings on the part of SFJN lapse if they are not reported to SFJN in writing and with reasons within one year. Any claim for compensation against SFJN must always be reported in writing, but at the latest within one year after the User became aware or could reasonably have been aware of the facts on which he bases his claims. After this term, such a claim will lapse.

Article 12 – Force majeure

1. SFJN is not liable if it is unable to fulfill its obligations as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to his fault, and is not for his account by virtue of the law, a legal act or generally accepted views.

2. Force majeure is in any case understood to mean, but is not limited to, what is understood in this regard in law and jurisprudence, (i) failure to properly fulfill obligations of suppliers or suppliers, (ii) faulty goods, equipment, third-party software or materials, (iii) government measures, (iv) electricity/power failure, (v) failure of the internet, data network and telecommunications facilities (e.g. due to: cyber crime and hacking), (vi) fire, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes at SFJN’s company and (xi) other situations that, in the opinion of SFJN, are beyond its control that prevent the fulfillment of its obligations temporarily or permanently.

3. SFJN has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after SFJN should have fulfilled its obligation.

Article 13 – Intellectual property rights

1. The User is expressly prohibited from infringing the intellectual property rights of SFJN, as well as the good name of SFJN. All intellectual property rights and copyrights of the platform, including the graphics, ideas and the like related to the platform are owned solely by SFJN and are expressly not transferred to User.

2. User has a non-exclusive right to use the platform personally and for private use.

3. The Platform software remains the property of SFJN at all times. The software only works in combination with the agreement that must be concluded by the User, and in accordance with the purpose for which the platform serves. The User is prohibited from making illegible, changing or removing any designation related to the intellectual property rights of SFJN or any legally required (brand) signs, or designations from the platform.

Article 14 – Complaints

1. If the User is not satisfied with the services offered via the SFJN platform, the User is obliged to report these complaints as soon as possible, but no later than 14 days after the relevant reason that led to the complaint. Complaints can be reported to qalat.support@sfjn.org with the subject “Complaint”.

2. The complaint must be sufficiently substantiated and/or explained by the User if SFJN is to be able to handle the complaint and declare it well-founded.

3. SFJN will respond substantively to the complaint as soon as possible, but no later than 14 days after receipt of the complaint.

4. Malfunctions and/or problems as a result of incorrect use are at the expense and risk of the User.

Article 15 – Changes

SFJN has the right to unilaterally adjust these terms and conditions. User will be informed of this as soon as possible. In any case, the User can view the amended terms and conditions via the platform.

Article 16 – Dispute Resolution

1. The legal relationship between SFJN and the User is governed by Dutch law.

2. If a provision of these terms and conditions proves to be void or non-binding, the Parties remain bound by the other provisions. The parties will replace the void and/or non-binding provision(s) with a binding provision, the purport of which is as much as possible the same as the provision(s) to be replaced, in the context of these terms and conditions.

3. All disputes between SFJN and the User will be settled by the competent court of the Gelderland District Court, Arnhem location, unless mandatory provisions lead to the jurisdiction of another court.

Arnhem, June 23, 2021