Sooqr terms and conditions

1. Definitions

Sooqr: user of these general Terms of Use. Sooqr is a business name of Sooqr BV, a private company with limited liability, having its office in Hilversum, the Netherlands (Achterom 150, 1211 PD).

User: any website/blog/webshop owner willing to use Sooqr’s services. User can be an individual or a legal entity.

You: the User.

2. General

By accessing and using the Sooqr service, you accept and agree to be bound by these Terms of Use. The applicability of any other conditions or any deviations of these Terms of Use is expressly rejected. These Terms of Use may be updated by Sooqr from time to time. By continuing to use or access the services of Sooqr, you agree to be bound by the revised Terms of Use. Sooqr has designed a privacy statement in which you can read how Sooqr takes care of your (personal) information as well as your visitor’s information. When using a particular service from Sooqr, you and Sooqr shall be subject to the rules or guidelines applicable to such services.

3. Using Sooqr

You may only use Sooqr services if you can form a binding agreement with Sooqr. All use is only in compliance with these general Terms of Use.

In consideration of your use of the Sooqr services, you may be required to register for an account. By registering for an account, you represent that you provide truthful information.  You guarantee that all information provided by you is sincere, up to date and is in no way misleading or dishonest. If you register as a legal entity, the legal entity is bound by this agreement. If you register as a private person, you represent that you are at least the required age (18 years). Sooqr reserves the right to refuse in its sole discretion any request for service by any party.

You agree that the Sooqr services are provided “as-is” and Sooqr cannot be responsible for the deletion, mis-delivery, timeliness or failure to store any personal settings, data and/or user communications. Sooqr tries to keep the services bug-free and safe, but using it is at your own risk.

Sooqr is a web-based application, which can be temporarily unavailable/offline. Sooqr cannot be held liable for any damage arising from the service being unavailable. Sooqr is authorized to shut down the system temporarily or limit its use without prior notice as needed in order to perform reasonably urgent maintenance. Sooqr reserves the right to modify or discontinue provision of the application and the services.

4. Implementing Sooqr

As a User, you can use a codesnippet from Sooqr to implement Sooqr on your website/blog/webshop. Implementing Sooqr allows your visitors to search through all of the indexed articles/products really quick. Users should be aware that articles/products that are not indexed in Sooqr, can not be found using the Sooqr search engine. Sooqr cannot guarantee that any particular website is suitable for the service.

When you implement our Sooqr search engine, you authorize Sooqr to use, reproduce and publicly display and perform your content to the extent necessary or desired for Sooqr to provide the services. 

5. Subscription and payment

Subscription to the Sooqr services starts on the day of subscription, for duration of one month from date to date. It is automatically renewed for successive periods of one month from date to date, unless notice of termination is given by the User or by Sooqr. In Article 8 of these Terms of Use, you can read instructions on termination of your use.

Sooqr charges a service fee on a monthly base, depending on your use of the service and the amount of products you index through Sooqr. The payment of the service fee is carried out by direct debit from User’s bankcard. User hereby guarantees to Sooqr that User has all the necessary authorizations to use the chosen payment method. User undertakes to take all necessary measures so as to ensure safe carrying out of the direct debit. All amounts paid for the service are nonrefundable.

Any payment delay of all or part of an amount shall automatically entail, without prior formal notice, immediate suspension of current services until complete payment by the User has been made and invoicing of the legal interest rate, calculated on the total of all amounts due by the User. Furthermore, Sooqr is entitled to claim the in court and out of court costs with the User.

Sooqr has the right to increase or decrease her service fee at all times. Notice of such increase/decrease shall be given at least one month prior to expiration date. In the event of the User not wanting to accept the increase, User may terminate the use of the Sooqr Service before the increase enters into force.

6. Registration and password

You might receive a member account and a password. You are fully responsible for all activities that occur under your account and password. You will not share your password, let anyone else access your account or do anything else that might affect the security of Sooqr services. You will provide true and current information about yourself during registration. Sooqr cannot and will not be liable for any loss or damage arising from your failure to comply with this article.

7. Safety and protection

In order to maintain the security of your account and the Sooqr services, you explicitly agree not to use the Sooqr services to:

  1. harm or manipulate others in any way;
  2. transmit, email or otherwise make available any content that is unlawful, harmful, abusive, vulgar, obscene, threatening, harassing, tortious, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  3. infringe trademarks, intellectual property or copyright of others;
  4. misrepresent the source of the content;
  5. transmit any information that you do not have a right to make available;
  6. intentionally or unintentionally violate any applicable law;
  7. stalk or otherwise harass another;
  8. transmit any unsolicited or unauthorized advertising materials;
  9. collect or harvest any information about other users.

Sooqr is authorized to block your access to the services if you are acting in a way that cannot be accepted by Sooqr or in a way conflicting with the applying Terms of Use.

8. End of agreement

Either party can terminate the agreement by sending a written notice to the other party or, (for Users) via your account page, at the latest on the day before the term of the current subscription month. Ending your subscription becomes effective at the end of the calendar month following the calendar month during which notice of termination was given. You are not entitled to a refund. Upon termination, your content (including al indexed data) will be deleted. The provision of the service to you shall cease immediately, and you shall remove all references to Sooqr from your website.

All articles of these Terms of Use that should survive termination, shall survive any termination of this agreement.

9. Compliments and complaints

Users with ideas or suggestions about Sooqr, the services and/or the application are free to submit those ideas by email: ideas@sooqr.com.

Please be aware that Sooqr is free to use any ideas or suggestions that you submit to Sooqr, without any compensation or credit.

If you happen to have any complaints about Sooqr and its services and employees, you are kindly requested to send an email to our CEO Erik Keegstra, erik@sooqr.com. Any cause of action by you with respect to Sooqr must be instituted within one year after the cause of action arose or be forever waived and barred.

10. Indemnification and limitation of liability

You agree to indemnify and hold Sooqr and its employees harmless from any claim or demand made by any third party due to or arising out of your use of the Sooqr services.

You understand that use of Sooqr services is at your own risk. Furthermore, Sooqr does not guarantee any result. With regard to all stored and indexed content, Sooqr only intervenes within the role of hosting provider. Sooqr has no control or liability over such content. You are solely responsible for your website and the materials and information you request Sooqr to index. You acknowledge that all materials and information indexed en stored by Sooqr, and the website on which Sooqr is used, are controlled by you and they are not submitted, selected or controlled by Sooqr.

You understand and agree that Sooqr will not be liable for any damage, direct or indirect. This includes, but is not limited to: damages for loss or profits, goodwill, use, data or other intangible losses, resulting from the use of the services or the inability to use the services, the cost of obtaining substitute services resulting from any transaction entered into on through services, unauthorized access to you data, or any other matter relating to services.

Any liability that could be incurred by Sooqr shall not exceed the amount of which Sooqr’s liability is insured. In the event of the damage not being paid by the insurer of Sooqr, the liability of Sooqr will not exceed the total amount paid by the User within a year preceding these damages.

If, in your jurisdiction, limitation of liability is not permitted, such limitation may not be applicable to you. 

11. Ownership and license terms

The Sooqr application, software, code and systems used to provide the services are owned by Sooqr (and Sooqr’s licensors). All are protected by copyright and other intellectual property laws and treaties.

Sooqr hereby grant to any User a limited, non-exclusive, worldwide license to use and reproduce the code provided on the website that enables the implementation of the Sooqr services on your website. You may use Sooqr for your personal or business purposes. This right and license is personal to you and may not be sublicensed or transferred to any other party. The license will end immediately after termination of the agreement.

The code for the implementation of Sooqr and all other technology may not be modified, reproduced, republished, posted, displayed, performed or sold in any way without our prior written consent. Do not remove proprietary notices. 

12. Breaches

In the event of a breach of any of the provisions of these Terms of Use or any infringement of any laws and regulations, Sooqr reserves the right to: a) suspend the access to the services; b) to inform any relevant authorities; and/or c) to start and prosecute any legal proceedings. Furthermore, Sooqr reserves the right to immediately cancel the User’s access to the service, effective immediately. This will cause automatic deletion of User’s account along with all corresponding stored and indexed data and content. 

13. Other

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. The failure of Sooqr to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

14. Applicable law and jurisdiction

These Terms of Use are governed and will be interpreted in accordance with Dutch law and courts. Dutch law will be applicable to all use of the services and to any claim or dispute that you may have against Sooqr. The court in the place of business of Sooqr shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms.

15. Contact

Please feel free to contact us any time at contact@sooqr.com