1.1. In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise or apparent from the context:
A - www.blizey.com: the company operating under the name Dreamcurve B.V., located in Eindhoven, registered with the Chamber of Commerce under number 81942869; B - user: the natural person using the website; C - agreement: the agreement concluded via the website between the user and www.blizey.com; D - service: the service that the user can use via the website; E - website: the website www.blizey.com where the user can send an SMS message for a fee.
2.1. These terms and conditions apply to the use of the website and to every agreement between www.blizey.com and the user to which www.blizey.com has declared these terms and conditions applicable.
2.2. Any deviations from these terms and conditions are only valid if they have been explicitly agreed upon in writing or via email.
3.1. You can contact us at any time via the contact form . www.blizey.com aims to respond within 48 hours. If desired, an appointment can be made at the office: Philitelaan 57, 5617 AK in Eindhoven.
4.1 The agreement is concluded by using the service by the user.
4.2 If the user is under 18 years of age, the user must have permission from their parents or guardian to use the service. 4.3 The user composes their own SMS text. The user enters a phone number as the recipient and a sender. In the next step, the user can check the entered data and choose a payment method. 4.4 After the payment for the SMS message is completed, the SMS message is sent to the recipient and the user is directed to a page where the delivery status of the SMS can be tracked. 4.5 The recipient cannot reply to the SMS message if no phone number is entered. 4.6 www.blizey.com cannot guarantee that an SMS message will be delivered. SMS messages may not be delivered due to causes beyond its control. If the user can prove that an SMS message was not delivered, the user will be reasonably compensated.
5.1 The user agrees that immediately after the conclusion from the agreement, the execution thereof will commence immediately. Therefore, the user cannot invoke the right of withdrawal.
6.1 All mentioned rates for the service include VAT and other government-imposed levies.
6.2 www.blizey.com is entitled to adjust its rates from time to time.
7.1 The user will not perform any actions using the service that:
A - are in violation of national or international legislation, such as, but certainly not limited to, sending discriminatory, offensive, threatening, phishing-like, or racist SMS messages, spam, or sending many SMS messages to the same person (stalking); B - are contrary to good morals; C - infringe the rights of third parties; D - are (sexually) intimidating or ethically irresponsible. 7.2 www.blizey.com is not liable for any form of damage resulting from the use of this service. In case of misuse, all data of the sender and payer will be handed over at the lawful request of the authorities. 7.3 By giving an order to send an SMS message, the user declares that no infringement is made on legal regulations and/or protected rights of third parties and indemnifies www.blizey.com against claims from third parties and/or for the direct and indirect consequences, both financial and other, arising from sending the SMS message.
8.1 Complaints about the website can be reported to www.blizey.com via the contact form 8.2 Complaints will be handled by www.blizey.com within 30 days. If handling a complaint within the 30-day period is unexpectedly not possible, the user will be informed of the delay duration.
9.1 For using the service, the user can pay in the following ways:
iDEAL
Paypal
Credit card
10.1 The website may contain links to other websites than www.blizey.com, cannot exercise permanent control over those other websites, nor accept any responsibility regarding their content. www.blizey.com cannot be held liable for this content.
11.1 All intellectual property rights related to the website are vested in www.blizey.com.
12.1 The information and services on the website may contain technical inaccuracies and/or typographical errors.
12.2 www.blizey.com strives to keep the services accessible 7 days a week and 24 hours a day, but may interrupt access, including for maintenance work, updating, and/or for any other technical reason. www.blizey.com is not liable for any damage the user suffers because the service is not available.
12.3 www.blizey.com can never guarantee that the data on the website is correct. www.blizey.com will do everything possible to keep the accuracy of this data as consistent as possible. External influences, such as hackers, are always possible and can lead to distorted data. www.blizey.com is not liable for this distorted data.
12.4 www.blizey.com does not in any way guarantee the suitability of the website for any purpose or use.
12.5 The user is responsible for the content of the SMS message they send via the website.
12.6 The user indemnifies www.blizey.com against any claims from third parties who suffer damage in connection with the use of the website by the user and which is attributable to the user.
12.7 www.blizey.com is not liable for damage the user suffers as a result of using the service.
12.8 If www.blizey.com should be liable for any damage, the liability is limited to the amount that www.blizey.com has charged the user for sending an SMS message in the past 12 months.
12.9 The limitations of liability included in these terms and conditions do not apply if the damage is due to intent or gross negligence by www.blizey.com or its subordinates.
13.1 www.blizey.com and the user are obliged to maintain the confidentiality of all confidential information they have obtained from each other in the context of their agreement. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided. Article 7.2 is an explicit exception to this article.
14.1 The phone numbers entered on the website will not be provided to third parties and will not be used for commercial purposes.
15.1 www.blizey.com will take appropriate security measures to protect the website against the risks of unauthorized access to or alteration, destruction, or loss of the data entered by the user via the website, but www.blizey.com cannot guarantee this.
16.1 The version of the terms and conditions that applied at the time of the conclusion of the agreement is always applicable.
16.2 www.blizey.com and the user will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
16.3 Dutch law applies to every agreement between www.blizey.com and the user.
16.4 All disputes that may arise between the parties will be exclusively adjudicated by the competent court in the Netherlands within whose jurisdiction the registered office of www.blizey.com is located. The user has 1 month after www.blizey.com has invoked this clause in writing to choose to settle the dispute before the competent court according to the law.