Version: November 13, 2019
General Terms & Conditions
Chapter 1: GENERAL
These general conditions apply to all services that iLost provides to users of the iLost Platform.
Article 1. Definitions
In these general terms and conditions, the following terms, each with a capital letter, have the following meanings in singular and plural:
- 1.1 Agreement: the agreement between iLost and User regarding the Services;
- 1.2 Claim: a claim by a User in relation to an Item of which User claims to be the rightful owner, possessor or holder;
- 1.3 Data Controller: the party that acts as Data Controller in the sense of art. 4 item 7 GDPR;
- 1.4 Features: the features of the Item provided by User when making a Claim to iLost, including images, serial numbers and the location where the Item is lost;
- 1.5 Finder: the natural or legal person who has registered an Item as a found Item on the iLost Platform;
- 1.6 GDPR: General Data Protection Regulation;
- 1.7 iLost: iLost BV, established in (7201 AB) Zutphen at Coehoornsingel 22 and registered with the Chamber of Commerce under number 55241506;
- 1.8 iLost Alert: a notification to be sent by User via the iLost Platform to other users that they have lost an Item;
- 1.9 iLost Platform: the iLost Platform, accessible inter alia via www.ilost.nl and www.ilost.co, on which iLost offers the Services to User;
- 1.10 Intellectual Property Rights: all intellectual property rights, including - but not limited to - copyright, trademark law, trade name law and database law;
- 1.11 Item: a lost or found item, being a movable property within the meaning of art. 3: 2 Dutch Civil Code.
- 1.12 Match: the finding by Finder that User performing the Claim is the rightful owner, possessor or holder of the Item;
- 1.13 Owner: User whose Claim has been found a Match;
- 1.14 Personal data: personal data as referred to art. 4 part 1 GDPR;
- 1.16 Services: the Services of iLost, as described in art. 3.1;
- 1.17 User: the Finder, the Owner and any other natural or legal person who uses the iLost Platform;
Article 2. Applicability
- 2.1 These General Terms and Conditions apply to the provision of Services by iLost to User.
Article 3. Use of iLost Platform
3.1 The Agreement is concluded when User creates a user account at iLost. Based on the Agreement, iLost provides User with the following Services:
- Providing access to the iLost Platform;
- Providing support with registering Items, passing on iLost Alerts and Claims and handling Matches;
- Offering the possibility to make an overview of Items for which User is the rightful owner, possessor or holder (iSave);
- Sending Items from Finders to Owner by iLost or by a third party.
3.2 iLost is entitled to shorten, change or make the information placed by User on the iLost Platform without giving any reason for consultation from mobile devices or software applications.
3.3 iLost is entitled to destroy Items from the moment of receipt if:
- it concerns food and drink or other perishable goods that iLost cannot reasonably store;
- it concerns Items whose possession or use is punishable, such as weapons, infringing or stolen goods, narcotics, exotic animals or plants;
- it concerns goods and / or substances that iLost or the law are prohibited from sending and / or that are excluded from dispatch in the general terms and conditions of postal and package carriers, such as flammable liquids, corrosive substances and (flammable) gases. iLost is in no way obliged to ensure the safekeeping of these Items and may, in special cases, decide to hand over Items to the competent authorities.
Article 4. Processing of Claims
4.1 By submitting a Claim, User gives iLost the order to provide Finder with the data that are necessary for handling the Claim. This data includes at least the Features and other relevant personal data of User, such as their name. Finder will only use the personal data provided for the assessment of the Claim.
4.2 Upon receipt of the Claim, Finder will determine whether User submitting the Claim is the rightful owner, possessor or holder of the Item. If this is the case, Finder must send User a notification that there is a Match.
4.3 A Claim submitted by User and the Match made on the basis thereof will lapse if User does not collect the claimed Item within three months of receiving notification that a Match has been committed or has it sent by Finder. Hereafter, Finder is only obliged to take care of the storage of the Item to the extent that the law requires.
Article 5. Returning Items to Owner
5.1 If there is a Match, iLost will inform Owner about the possibility of (i) collecting the Item itself at a location to be designated by Finder, (ii) opting for dispatch by iLost or (iii) dispatch by a party to be designated by Owner.
5.2 If Owner chooses for shipping by iLost, iLost will instruct a third party to do so on behalf of Owner. All actions and activities in connection with the dispatch by a third party will in that case be performed at the expense and risk of User and under the applicability of the general terms and conditions applied by this third party.
5.3 If Owner opts for dispatch by a party to be designated by Owner, this dispatch will be at the expense and risk of Owner and under the applicability of the general terms and conditions of the third party designated by Owner.
Article 6. Privacy and information security
6.2 Contrary to the provisions of the first paragraph, Finder acts as the Data Controller of User’s Personal Data (associated with the found item) that is processed on the iLost Platform until the time User submits a Claim.
Article 7. Intellectual Property Rights
7.1 All Intellectual Property Rights with regard to the designation iLost, the iLost Platform, including the (personal) data, texts, images, design, photos, image and / or placed thereon. audio material, formats, software, brands and domain names, the data on the iLost Platform and the Services are exclusively held by iLost and / or its licensors and advertisers or the iLost Platform. Nothing in the Agreement envisages any transfer of said Intellectual Property Rights.
7.2 User guarantees that their use of the iLost Platform and the content placed by them does not infringe on Intellectual Property Rights of third parties and indemnifies iLost against all claims by third parties as a result of such infringements.
7.3 User is not permitted without prior written permission from iLost (i) to request and / or reuse a substantial part of the contents of the iLost Platform within the meaning of the Database Act and (ii) repeatedly and systematically request and / or reuse non-substantial elements of this content in the sense of the Database Act.
Article 8. Guarantees and liability
8.1 iLost makes the iLost Platform available to User to assist User in offering and finding Items. However, iLost does not guarantee that User will actually find an Item or that an item in respect of which User has made a Claim will be returned to them.
8.2 iLost does not guarantee that the iLost Platform will be available without interruption and without delay, nor that the information on the iLost Platform is complete and correct.
8.3 iLost is not liable for damage suffered by User in connection with the Agreement, including damage as a result of:
- the use of the iLost Platform;
- errors made by Finder in the assessment of a Claim and / or the decision that there is a Match;
- destruction or loss of an Item by Finder;
- the loss or damage of an Item during the collection / dispatch of the Item by / to Owner as described in art. 5.
8.4 In the event that iLost cannot invoke the liability limitation in art. 8.3 its liability is limited to direct damage to (i) at most the amount paid out in the relevant case under the liability insurance taken out by iLost regardless of the value of an Item or (ii) when the damage is the result of a iLost imputable infringement with regard to personal data within the meaning of art. 4 part 12 GDPR, up to the amount that is paid out under the liability insurance taken out by iLost, divided by the total number of Users who suffered damage as a result.
8.5 The provisions of art. 8.3 and 8.4 does not apply to damage caused as a result of intent or gross negligence on the part of iLost.
Article 9. Duration and termination
- 9.1 The Agreement can be terminated by email at any time via email@example.com. A cancellation will not be accepted by iLost if it is incompatible with the Services that iLost provides to other Users or when there are still Claims, complaints or obligations with regard to iLost / other Users.
- 9.2 If iLost submits a request for data erasure submitted by User within the meaning of art. 17 GDPR honors, the Agreement terminates by operation of law, unless otherwise agreed.
- 9.3 iLost is entitled, without prejudice to the right to take further legal measures and / or to claim compensation, to suspend or terminate the delivery of the Services with immediate effect and / or to remove iLost Alerts and Claims if, in iLost's opinion:
- User acts contrary to the Agreement and these general terms and conditions, law, public order and morality or acts unlawfully towards iLost or third parties;
- Post user information, including iLost Alerts or Claims, on the iLost Platform that is punishable, unlawful, infringing, obscene, misleading, insulting or incorrect, that infringes on the privacy of others or that relates to Items that are punishable or unlawful is (stolen Items, weapons, drugs, infringing Items, etc.);
- User unauthorized access to the systems of iLost or (Personal) data, circumventing or attempting to circumvent technical security measures of iLost, or disproportionately burdening the systems of iLost;
- User uses the iLost Platform without prior written permission to do commercial expressions.
Article 10. Miscellaneous
- 10.1 The Agreement between iLost and User is governed by Dutch law. Any disputes will be submitted to the competent court in Amsterdam.
- 10.2 iLost may change these terms and conditions at any time. The amended general terms and conditions will in that case apply from the moment that they are made available to User via the iLost Platform.