Last Updated Date: 26 October 2021
Acceptance of Terms
Welcome to $€NG or SENG, owned and operated by Marlin Yard Foundation. In these Terms, “you” and “your” refer to the individual that uses the Service. “We”, “us”, or “our” also refer to SENG.
YOU UNDERSTAND AND AGREE THAT SENG IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS, AND THAT SENG IS NOT A BANK, A MONEY SERVICES BUSINESS, A MONEY TRANSMITTER, OR AN ISSUER OF STORED VALUE PRODUCTS. SENG AND THE SERVICE ENABLE USERS TO COMMUNICATE DIRECTLY AND TO SHARE FUNDS AMONG THEMSELVES. SENG HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SERVICE, ANY INFORMATION EXCHANGED BETWEEN USERS, OR ANY SHARING DECISIONS BY OR AMONG USERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
SENG hereby disclaims any conditions, warranties, or other terms relating to the Service, any User of the Service, or any information supplied under these Terms and in respect of the Service. SENG does not warrant and makes no representations (i) that the operation of the Service will be error-free or uninterrupted, and (ii) about any content or information provided or made accessible by or through SENG or the Service. You are solely responsible for the investigation and confirmation of any and all information provided through or by SENG and/or the Service in respect of any other user of SENG.
- SENG: means two or more Users who form a group to use the Service to share funds between and among all Users in the same group.
- Content: means all the information, including but not limited to: data files, written text, images, computer programs, software or materials, music, audio files or other sounds, photographs, videos or other graphic material, that the User has access through the Site.
- User: means a person who successfully completes SENG’s registration process and receives a SENG Credit Score.
- App or Applicative: The computer program designed by SENG as the main tool for the Service.
- Authorization: means the consent granted by you to be an authorized User by SENG and to be able to use the Services. Said consent will have the same legal effects as the consent granted through an autograph signature, being admissible as evidence in court under the terms of the applicable legislation.
- Adhesion Contract: Document prepared unilaterally by SENG, which the Client must accept and sign, which establishes in uniform formats the terms and conditions applicable to the celebration of one or more operations carried out by the Client and regulates the services provided by SENG.
- SENG account: means the personal profile within the App that the User or the Client can access whenever they wish, once their account has been activated in accordance with the instructions received and that will be delivered once the User delivers, electronically, the data and documents requested by SENG in the Application.
- Issuer: Entity that issues Credit Cards and / or Debit Cards in favor of Clients and through which they can dispose, as the case may be, of their line from the balance of their SENG Account.
- KYC: “Know Your Customer” process by which SENG verifies the identity of the Customer.
- Group Moderator(s): They are those Users who are event organizers and publish their Pools using the Services of the SENG to make Pools.
- Pooler: means those Users who are not Group Moderators and who contribute their economic resources for the possible realization of a Pool.
- User Presentations: means those videos, audio fragments, comments written in forums or the “chat”, information, text, photographs, software, writings, graphics and interactive elements generated, delivered or, failing that, made available to SENG or its partners in or through the Service.
- Pool(s) or Project(s): These are the events that Users and / or Group Moderators from time to time will publish on the Service using the SENG Services and Platform.
- Publications: Any artwork, comments, audio or video materials, publications, or written materials from the Site.
- Balance: The balance of money that, if applicable, each User has within their SENG Account and that they will always have at their disposal through the Withdrawal option.
- Service: means the service provided through the App, transferring resources from a User’s account to another User’s account, or between Users and account holders or users of other financial entities to cover debts or fulfil commitments between them, charged to the Credit, Debit or Balance Card of the respective User. In addition to the provisions above, the Service is the functionalities provided by SENG including the receipt and payment process carried out by the Users regarding products and services offered by charging a Credit Card or Debit Card to complete and settle a payment transaction.
- Site: ignites the URL of SENG https://seng.marlinyard.org, as well as all the pages and sub-pages belonging to this domain.
- Credit Card: That Visa, Mastercard, American Express credit card or any other accepted network, of which the User is the holder, issued by any banking institution or institution authorized to issue it, that the User, in their respective Request, provides as part of your data to make use of the services provided by SENG.
- Debit Card: That Maestro, PIN, Visa, Mastercard, American Express debit card or any other accepted network, of which the User is the holder, issued by any banking institution or institution authorized to issue it, that the User, in their respective Request, provides as part of your data to make use of the services provided by SENG.
- Transaction charged to Card: Operation consisting of the processing of any request for payment made by the Client with charge to Credit or Debit Card for products and / or services offered on the Site, subjecting said request to the authorization or rejection of the Issuer by conduit of SENG and its payment system providers.
These Terms and Conditions may contain other definitions within their text, as indicated later in the text of this Agreement.
- Agreement: means these terms and conditions of use set out in this instrument.
- User Account or ID: means the means through which the User is identified to use the SENG Services. The account may contain data related to the Credit or Debit Cards that Users provide including the balance of their account.
- Company: means SENG, a product of Marlin Yard Foundation, (also referred to as “SENG”) its parent companies, affiliates, subsidiaries and any other entity in which it maintains equity ties as well as its shareholders, directors, officers, directors, employees, agents, commission agents, suppliers our parent company, subsidiaries, affiliates, partners, officers, directors, agents and employees as well as any other person acting on behalf of SENG.
- Card Brands: These are the exclusive signs or logos included in Credit and Debit Cards, generated by companies that have agreements with Issuers, nationally and internationally. (e.g. “VISA”, “MASTERCARD”, American Express, etc.).
- Terms mean the present terms and conditions of use of the App and Site, as well as its modifications.
- Telemarketing: means the remote interactive commercial communication system, carried out by means of telephone and computer technologies in combination with other instruments for the purpose of marketing or promoting products or services.
- “User” or “You”: means the natural or legal person who accesses, navigates or uses the functionalities and services offered through the Site. The Users will also understand the Group Moderators and the Poolers and these will be able to act in both capacities as corresponds to the Pool that they participate.
- Guest: means those people to whom the Group Moderator sends an invitation to participate in a Pool.
- Portfolio: means the balance that the corresponding User has available in his SENG account.
- Movements: refers to the section where all the inputs and outputs of your SENG account are located.
- User Activity: Refers to the activity section within a Pool, be it deposits, withdrawals or comments.
- Paid Pooler: SENG or Pooler user who has already made the payment established in a Pool by a Group Moderator.
- Pending Pooler: SENG or Pooler user who has not fulfilled the payment established in a Pool by a Group Moderator.
- Inactive Pooler: SENG or Pooler user who has been sent an Invitation to participate in a Pool who has not created their SENG account.
- Contribution: Any payment to a Pool.
How to Join the Service
The Service consists of an online platform, process and service that allows Users to participate in one or more SENG Money Saving Pools within which they can share money with other Users in that SENG money saving pool. To become a User and access the Service, you must: (a) successfully complete the online registration process at the mobile application, (b) agree to our review of your financial information so that we can assign your tiered participation level (your “SENG Credit Score”), and (c) connect your personal bank or other payment method to the Service.
Your application includes your authorization of and consent to SENG’s investigation of you and your credit history at registration and from time to time thereafter, specifically including but not limited to making inquiries to credit reporting agencies or credit grantors, so that SENG may provide you with the Services and assign you a SENG Credit Score. [SENG Credit Score will assign Users with an in-app score.] After successful registration and creation of a SENG Credit Score, Users will be able to create or participate in SENG. You hereby agree to the sharing by SENG of your SENG Credit Score with other SENG Users. You may be allowed to view some Content without registration; however, if you wish to fully access the Service, you must first successfully register and become a User.
How the Service Works
Money is shared by and between all Users who have joined a SENG money saving pool. Within a SENG pool, every member contributes the same amount in instalments over the life-time of the SENG money saving pool, and every member of SENG withdraws the same amount but at different times. The instalment payments remain consistent over the life-time of the SENG pool, and all instalment payments are distributed to one member of the SENG pool once the money from all SENG members is received by SENG (less SENG’s Service Fee).
The following illustrative example shows how SENG works. Sharing within a SENG money saving pool happens according to a User’s “Position” in the SENG money saving pool – which is the time when each User will receive their payment from the SENG pool. For example, if a User enters a SENG money saving pool in the US Dollar currency with 12 members and positions, the SENG money saving pool is set for a 12 month period, and each SENG member is required to pay a membership fee of US$ 25 and %100 of the set money saving amount, then the total amount contributed by each member over the 12 month period shall amount to US$1,225.
SENG Private money saving pool
Private SENG money saving pools may be formed by any User. A User forming a SENG Private money pool determines the three key characteristics of SENG: (1) the amount to be shared by each User who joins SENG in total; (2) the period of the SENG money saving pool (it’s life-time); (3) and how many Users and Positions there are in the SENG money saving pool (one position per User). Accordingly, the SENG Private money saving pool creator invites members to join their SENG Private money saving pool. Private and public SENG money savings pools have no “Payment Guarantee”.
SENG Public money saving pool
Public SENG money saving pools are accessible to any user with the appropriate SENG Credit Score and Available Limit. SENG creates the SENG Public money saving pools and participation is contingent to the User’s ability to meet the required Score and Limit. SENG assigns each User a maximum amount they can commit to in their SENG money saving pool based on their SENG Credit Score (their “Credit Limit”). A User’s Credit Limit may change frequently based on numerous factors. You hereby agree to SENG’s classification of your SENG Credit Score and your ability to meet the required Score and Limit at SENG’s sole and absolute discretion. Failure to contribute funds to a SENG money saving pool at the time and in the amounts that a User agreed to do will subject a User to limited or restricted access to the Service, including preclusion of joining more SENG money saving pools or receiving shared funds distributions from any SENG money saving pool that a User has previously joined. A User’s failure to meet his or her SENG contribution commitments for more than ten (10) days past the original due date will entitle SENG and SENG will not, under any circumstance, be required to pay back any User for any amount owed to such User from any other User irrespective of the nature in which such amounts arise. You hereby take full risk and responsibility for you involvement in SENG and the Services.
Each User who joins a SENG money savings pool pays upfront the joining fee of Twenty five Euros (€25) or US Dollars ($25) or Guilders (ANG 25) or Florins (AWG 25) for each joined money savings pool. This joining fee applies when joining a public and or private SENG money savings pool in a chosen currency and is valid per money saving cycle of six (6), ten (10) and twelve (12) months. Accepted payment methods as may be listed in US Dollars or Euro or Antillean Guilders or Aruban Florins (as the case may be). Except as otherwise provided herein, Joining Fees are non-refundable. You hereby agree, and permit SENG (at its sole discretion), to deduct and/or set off the Joining Fee from any amounts owed to you by any other User or from the SENG money saving pool directly.
When participating the SENG money savings pools in exchange for providing the Service, SENG receives from each User who receives shared funds from SENG a fee (the “Service Fee”) equal to a set percentage of the shared amount. The exact Service Fee amount will be set for each SENG money saving pool upon creation and will range from 1% to 7% of the shared funds. Service Fees are required to help cover transaction costs and will be deducted from funds at the time that they transmitted to the User. After deducting the applicable Service Fee, SENG will remit the balance of the shared funds to the User via its accepted payment methods as may be listed on the Service, in Euro or US Dollars or Antillean Guilders or Aruban Florins (as the case may be). Except as otherwise provided herein, Service Fees are non-refundable. You hereby agree, and permit SENG (at its sole discretion), to deduct and/or set off the Service Fee from any amounts owed to you by any other User or from the SENG money saving pool directly.
Financial Terms Information
By entering into these Terms, you also agree to the terms and conditions of SENG, our banking software and payment processing provider. By entering these Terms, you are also authorizing SENG (or its third-party payment processor) to debit the bank account you associated with your User Account for all amounts that you agree to contribute to SENG, and to withdraw any Service Fees. Fund transfers are done electronically and may occur immediately after being authorized (or when a User becomes in default of a contribution that is due). In order to become a User and participate in SENG money saving pools, you understand and agree that SENG reserves the right, in its sole discretion, to obtain a pre-authorization of your banking account in order to verify your account and relevant account balance. Please note that SENG cannot control any fees that may be charged to a User by his or her bank related to transfers or otherwise, and SENG disclaims, to the extent legally permitted, any and all liability in this regard.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. SENG cannot and does not offer Tax-related advice to any User. “Tax” or “Taxes” mean any sales taxes, Value Added Taxes (VAT), Goods and Service Taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes applicable in the Kingdom of the Netherlands (“Netherlands”) and your jurisdiction.
Eligibility; Account Information
The Services are intended solely for persons who are 18 years of age or older and you are legally able to enter into a contract. By accessing or using the Service you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are not legally prohibited from receiving or using the Service under the laws of the country in which you access or use the Service.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SENG reserves the right to suspend or terminate your account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You will immediately notify SENG of any unauthorized use of your User Account. SENG assumes no responsibility for User Content, User account information, or for any User’s compliance with any applicable laws, rules and regulations.
SENG’s role is solely to facilitate the availability of the Service and to provide support related thereto. SENG does not provide and is not responsible for User Content or SENG private saving money pools. SENG does not verify Users’ information, review or approve SENG, participate in SENG (unless in specific circumstances at SENG’s sole discretion), or provide any promises, warranties or guarantees regarding SENG. You acknowledge that SENG will not be liable for any loss or damage related to your participation in any SENG money saving pools. SENG does not refer or endorse or recommend particular Users or SENG money savings pools. You acknowledge and agree that you, as a User, are responsible for your own acts and omissions.
User Affirmations, Conduct and Use
By submitting the User registration form, you represent, warrant and agree to the following:
- You are at least 18 years of age, are authorized to submit a User registration, and are authorized to sign your User registration form.
- You are solely and fully liable for all Content, conduct, postings and transmissions that are made under your username and password.
- You either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to SENG the rights in such User Content, as contemplated under these Terms.
- You are solely responsible for reviewing, evaluating, and participation in any SENG service.
SENG is not involved in any transactions between Users or SENG Money saving pools (unless in specific circumstances at SENG’s sole discretion).
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service and Content.
Neither your User Content, nor your posting, uploading, publication, submission or transmittal of the User Content or SENG’s use of the User Content (or any portion thereof) on, through or by means of the Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By using the Service, you represent, warrant and agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations.
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other Service contained in the Service or Content.
- use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
- copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms.
- interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card or bank account numbers.
- use the Service in connection with the distribution of unsolicited commercial email (“spam”) or advertisements.
- “stalk” or harass any other User of the Service or collect or store any personally identifiable information about any other User other than for purposes of using the Service as intended.
- recruit or otherwise solicit any other User to join third party services or websites that are competitive to SENG, without SENG’s prior written approval.
- impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- use automated scripts to collect information or otherwise interact with the Service.
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
- use, display, mirror or frame the Service, SENG’s name, any SENG trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without SENG’s express written consent.
- access, tamper with, or use non-public areas of the Service, SENG’s computer systems, or the technical delivery systems of the Service or any third-party provider system.
- attempt to probe, scan, or test the vulnerability of any SENG system or network or breach any security or authentication measures.
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SENG or any of SENG’s providers or any other third party (including another user) to protect the Service or Content.
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information.
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content.
- advocate, encourage, or assist any third party in doing any of the foregoing.
SENG has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SENG may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that SENG has no obligation to monitor your access to or use of the Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Service is licensed and not sold. The Service and Content are protected by copyright, trademark, and other laws of the Netherlands, the Kingdom of the Netherlands and foreign countries. You acknowledge and agree that the Service and Content, including all associated intellectual property rights, are the exclusive property of SENG and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of SENG used herein are trademarks or registered trademarks of SENG. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
License to the Service
Subject to your compliance with these Terms, SENG grants you a limited, personal, non-exclusive, revocable, non-transferable license, to (i) electronically access and use the Service solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SENG or its licensors, except for the licenses and rights expressly granted in these Terms.
License Grant to SENG
By making available any User Content on or through the Service, you hereby grant to SENG a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit such User Content on, through, or by means of the Service as currently exist or may be developed in the future. SENG does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
The Service may contain links to third-party websites or resources. You acknowledge and agree that SENG is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or Service on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SENG of such websites or resources or the content, products, or Service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Service on or available from such websites or resources.
SENG may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Service. By clicking on the advertisements, the User may be shifted to a Web site of the advertiser or receive other messages, information, or offers from the advertiser. Users acknowledge and agree that SENG is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.
Termination and User Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your User account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you (in our sole discretion), and which we are legally obligated to pay you. In the event SENG terminates these Terms, or your access to our Service or deactivates or cancels your User account you will remain liable for all amounts due hereunder. You may cancel your User account at any time by contacting SENG. Please note that if your User account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Service, including, but not limited to, any reviews or feedback.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SENG DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE ANY STATEMENT, OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR CONTENT PROVIDED BY ANY USER. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY USER; (B) ANY SENG SERVICE; OR (C) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY SENG CONTENT OR ANYTHING OTHERWISE CONTAINED IN OR MADE AVAILABLE ON THE SERVICE OR ANY OTHER FORUM.
THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SENG EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SENG MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SENG MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU INTERACT OR COMMUNICATE WITH AS A RESULT OF YOUR USE OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD SENG HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SERVICE.
SENG WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN USERS PARTICIPATING IN ONE OF SENGS SERVICES. USERS WILL BE SOLELY RESPONSIBLE FOR THEIR PARTICIPATION IN ANY JOINED SENG MONEY SAVING POOL OR AGREEMENTS MADE WITH ANOTHER USER.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT, OR SENG REMAINS WITH YOU. NEITHER SENG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, FROM PARTICIPATION IN ANY SENG SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENG HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL SENG AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FROM SENG, ANY CONTENT, OR ANY INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID TO SENG AS SERVICE FEES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EURO (€100) OR US DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENG AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold SENG and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Service, SENG, or Content; (b) your violation of these Terms; (c) your User Content; (d) your (i) interaction with any User, (ii) reliance on any information exchanged via the Service, or (iii) creation of a Profile; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that you or your Content caused damage to a third party. SENG shall have the right to control all defence and settlement activities.
You may not assign or transfer these Terms, by operation of law or otherwise, without SENG’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SENG may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SENG (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
You agree that (i) the Service shall be deemed solely based in the Kingdom of The Netherlands, Belgium and Surinam, and (ii) the Service shall be deemed a passive mobile application that does not give rise to personal jurisdiction over SENG, either specific or general, in jurisdictions other than the Kingdom of The Netherlands, Belgium and Surinam. These Terms shall be governed by the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. You and we agree to submit to the exclusive and personal jurisdiction of a state court located in the Netherlands for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.
YOU AND SENG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
Dispute Resolution Provision
You and SENG agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Service (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and SENG are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and SENG otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the Netherlands Arbitration Law (the “Rules”).
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Netherlands and will be selected by the parties. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then Chairman of the Chamber of Commerce will appoint the arbitrator in accordance with the Rules.
Arbitration Location and Procedure: Unless you and SENG otherwise agree, the arbitration will be conducted in the Netherlands. If your claim does not exceed five thousand Euro (€5000,-) then the arbitration will be conducted solely on the basis of documents you and SENG submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds five thousand Euro (€5000,-) your right to a hearing will be determined by the Rules. Subject to the Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees: Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Rules.
No Class Action: YOU AND SENG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Changes: Notwithstanding the provisions of the “Modification” section below, if SENG amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to SENG@marlinyard.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of SENG’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SENG in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Enforceability: If the “No Class Action” section of this Dispute Resolution Provision is found to be unenforceable, or if the entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.
SENG makes no claim that the Service, or Content are appropriate or may be accessed, used or downloaded outside of the Netherlands. If you access the Service or Content from a location outside of the Netherlands, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site, Application and Service. You may submit feedback by emailing us at SENG@marlinyard.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of SENG and you hereby irrevocably assign to SENG and agree to irrevocably assign to SENG all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At SENG’s request and expense, you will execute documents and take such further acts as SENG may reasonably request to assist SENG to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If you feel any User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you agree to immediately report such person to the appropriate authorities and to SENG.
The failure of SENG to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SENG. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Certain parts of the Service may have different or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific part of the Service, the latter terms and conditions will take precedence.
Group moderator Terms & Conditions
Acceptance of Terms
Welcome to the SENG Platform whose authorization to operate as a Financial Technology Institution is pending. In addition to these Terms and Conditions, the use of the Platform is subject to the Adhesion Agreement between the Client and SENG and the Privacy Notice.
The Service is offered subject to the acceptance and Authorization of the Terms and Conditions included herein, as well as all operational rules, policies and procedures that may be published from time to time on the Site by SENG, each of which is incorporated by reference, and each of which can be updated by SENG.
In addition, some services offered by the Site may be subject to additional terms and conditions separate from SENG by its providers and use of such services is subject to such providers’ terms and conditions.
The Service is available to individuals over 18 years of age in territories of The Kingdom of The Netherlands, Saint Martin- French West Indies, Belgium and Surinam. You guarantee that you are an individual and have the legal capacity to enter into the Terms and Conditions, as well as the Accession Agreement and the Privacy Notice, and that all registration information submitted by you is accurate and truthful. SENG is obliged to validate the data and verify the authenticity of the documents obtained digitally by the User. SENG reserves the right to require proof of identification when it determines necessary. In the event that the User does not provide proof or proof when requested, SENG may refuse to provide the Service.
The Federal Government and the Entities of the Parastatal Public Administration may not be responsible or guarantee the resources of the Users that are used in the operations that they carry out with SENG in their capacity as Financial Technology Institution or against others, nor assume any responsibility for the Obligations contracted by the Financial Technology Institution or by any User against another, by virtue of the operations they carry out.
Likewise, when entering the Platform, you declare under protest of telling the truth that you act on your own in accordance with the General Provisions referred to the Dutch Law to regulate Financial Technology Institutions issued by the Ministry of Finance and Public Credit, and will not act on behalf of or on behalf of any third party.
SENG is an electronic platform whose functionality allows facilitating payments that Group Moderators publish related to their money saving pools on the Service. Group Moderators may send invitations to other users and / or Poolers to contribute money through a payment system owned by a third party that transfers the resources charged to the Customers’ Credit or Debit Card to an account managed by SENG or an Entity.
Once the payment has been reflected in the account designated by SENG, the Group Moderator issues instructions to SENG through the functionalities of the Service in order to fulfil the purpose published for the corresponding money saving pool.
The movements of money charged to the Credit or Debit Card of the Clients, will be temporarily deposited in the designated SENG accounts, later the balance corresponding to the payment made will be reflected in the User Balances. Once the funds are reflected in the Balances, the Group Moderator notifies SENG to withdraw the amounts paid and deposit them in the bank accounts they designate or transfer them to the Balances of other Users as allowed by the functionality of the Service.
SENG will keep User Accounts separate from its corporate funds. SENG will not use the resources from the Transactions with Charge to the Users’ Card for operating expenses, except for the collection of the corresponding commission.
The Client will not obtain interest or profits from the balances that he maintains in his Account or Balance. By means of this Agreement, you assign, transfer and assign the rights to receive interests to SENG derived and originated from the contributions that you make through the Service and that you maintain in your Account.
The Client, who uses the Credit or Debit Card charge as a means of payment, grant SENG (or whoever it designates) a continuous authorization to make charges automatically, in order to obtain the relevant funds when the Credit or Debit Card is used as a form of payment in accordance with the functionality of the Service. The Client may stop the continuous authorization in relation to any Card by eliminating that card as a form of payment in his Account profile. The payments not dispersed, or not used, will be returned to the User corresponding to their Balance, the previous one under the instruction of the corresponding Group Moderator and collection of the commission or charge that may correspond. SENG will facilitate; more will not be responsible, of the issuance of refunds or funds that have not been disbursed by the Group Moderators.
SENG is obliged to reimburse the Client, when he so requests, the amount of national currency that said User has in the respective records, as long as such electronic payment funds are not part of a payment order in execution, in accordance with what was agreed.
Scope of the SENG Service
In an exclusive capacity of the president and always subject to the specific instructions designated by the Group Moderator through the functionalities of the Service, SENG will receive temporarily and to the account that is last designated, the resources from the Transactions with Charge to Card of the Users , in order to allocate them in the form and time designated by the Group Moderator to the money saving pools and / or Pools that they publish from time to time in the Service.
The number of Users who can contribute to the event or Pool created by the Group Moderator is unlimited. SENG may from time to time adjust the limits regarding the payments you can send through the Services, as well as condition the use of the Service on the delivery of the information requested by SENG in compliance with applicable laws. The User understands and agrees that SENG’s only obligation will be to disperse the resources from the Users’ Card Debit Transactions to the account(s) designated for such purposes by the Group Moderators and in accordance with the manner instructed to SENG by making use of the functionalities of the Service. Consequently, it is the Group Moderator and/or the persons they designate who are responsible for the purpose that applies to said funds. SENG is not responsible for the use or destination to which the Group Moderator uses the funds nor will it be responsible for settling disputes between Users.
In the event that any competent authority determines the lack of any element that constitutes the principal-representative relationship, from that moment, you agree, ratify and give your consent to SENG so that it performs all the legal acts necessary for the purpose of formalizing the principal-representative relationship.
SENG shall not be responsible for your interactions with any organization and/or individuals on or through the SENG Service or its Site. This includes, but is not limited to, the delivery of goods and services and any other terms, conditions, warranties or representations associated with Pools posted on the Service. SENG will not monitor or guarantee the performance or timeliness of statements made by the Group Moderators or the Poolers. SENG is not responsible for any damage or loss incurred as a result of these agreements. All agreements are only between the Same Users, the Group Moderators, the Poolers and such organizations and/or individuals. SENG is not obliged to participate in disputes between Users, Pooler and Group Moderators, or between members of the Service and any third party. In the event of a dispute, the User releases SENG, its officers, employees, agents and assignees from any accusation, damage or demand of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising in any way in connection with such disputes and our Service and agrees to indemnify SENG from any damages (whether direct or indirect) that SENG may suffer as a result of such dispute.
SENG cannot be held responsible for the actions of the Group Moderators, the Group Moderators will be fully responsible for complying with the obligations involved and stipulated in any publication of a Pool found on the Service. SENG reserves the right to cancel a Pool and refund the resources that have been collected with Charge to Card of the Users at any time and for any reason. Such refund will be made to the corresponding User Balance. SENG reserves the right to remove the posting of any Pool for any reason.
At the time of registering and using the SENG Services, you give your express Authorization for SENG to use the services of a payment provider to carry out the Services offered. Therefore, you acknowledge and consent to the processing of your credit- and or debit card information by said payment provider. Additionally, you from this moment authorize SENG to disclose the necessary information to said provider in order to carry out the Services (including your name, address, information that identifies the Card holder, among others). SENG does not guarantee anything regarding the performance or fairness of the Internet payment provider or payment systems made available to Users through the Service. What’s more, Due to occasional failures in some credit cards and / or the payment system provider, SENG cannot guarantee timing or full receipt of the target amount. You agree to release SENG from any liability for the service provided by the service provider.
Intellectual Property Rights – Group Moderators
The Service offers the ability to upload your content to the Service. SENG shall not have any ownership rights in its content, however by this means, the User assigns to SENG the universal non-exclusive, royalty-free right (and allows others to act on its behalf) to (i) use, display, present or carry out the Service on its behalf (eg, use, display, transmit, reproduce, transcode, copy, market, sell, distribute or exploit) (“Presenter”) the content, together with all works or meta-information associated with copyright , including, without limitation, photographs, graphics and descriptive texts (“Artworks”) in connection with the Service); (ii) by itself allow other Users to display, transmit, reproduce, download, distribute, collect and use the content and Artworks; and (iii) use and publish, and allow others to use and publish, the name (or names), trademarks, likenesses, and personal and biographical materials of User and members of its group, in connection with the provision of the Service.
If applicable, the User agrees to pay all royalties and other amounts due to any person or entity due to the submission of their Content to the Service or SENG’s Submission of the content as contemplated in these Terms.
To enable SENG to Submit its Content as agreed in the provisions above, the User grants SENG the universal, non-exclusive, perpetual, royalty-free, sub-licensable and transferable right to use, reproduce, copy and display its trademark, service mark, slogan, logo or similar proprietary rights (collectively appointed “Trademark”) only in connection with the use of the Service.
Modification of Terms
The Terms are the entire agreement between the User and SENG with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals, whether oral, written or electronic, between the User and SENG with respect to the Service and Site. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary for the Terms to remain in full force and effect and enforceable. If any party fails to carry out any right offered herein it will not be considered as a waiver of the rights presented below.
Notwithstanding the foregoing, SENG may enter into additional agreements or contracts with the Group Moderators that are published in the Service, within which the provisions contained in these Terms and Conditions will be incorporated.
SENG reserves the right, at its sole discretion, to modify or replace any Term, or to change, suspend or discontinue the Service (including, without limitation, the availability of any element, database or content) or to modify these Terms, including any Service Fees, at any time and without prior notice, , by posting a note on the Site or by sending an email to data subjects, or broadcast via the Application. SENG may also impose limits on certain items and services or restrict access to portions of the Service without liability or notice. It is the User’s responsibility to review the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of such changes.
If we modify these Terms, we reserve the right to make any such changes effective immediately to maintain the security of our Service of to comply with any laws or regulations. We will update the “Last Updated Date” at the top of these Terms.
Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User thirty (30) days after notice to the User is provided via email from SENG@marlinyard.org to your email address on file with SENG. You agree to keep your email address on file with SENG up to date. By continuing to access or use the Service after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
These Terms constitute the entire and exclusive understanding and agreement between SENG and you regarding the Service, Content made via the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SENG and you regarding the same.
Disclaimer: The original, legally binding version of this document is written in English. If this document is translated into other languages, there may be discrepancies between the English version and a translated version. If so, the English version supersedes the translated version.