Terms & Conditions
These Terms and Conditions govern the legal relation between Stitch Fiddle and its users. The platform is provided by Stitch Fiddle via a Software as a Service (SaaS) licensing model.
Article 1. Definitions
In these Terms & Conditions (Terms) the following terms have the following meanings:
- Account: the personal section created when the Client signs up for the Service. This section is managed by the Client, who enters his/her personal details here.
- Attachment: every attachment forming part of the Agreement and/or Terms & Conditions.
- Stitch Fiddle: Stitch Fiddle, a private company based in Ede, listed with the Chamber of Commerce (Kamer van Koophandel) under number 64683923.
- Client(s): natural person(s) that accepts the Terms and uses the Service.
- Service: an online pattern community, provided by Stitch Fiddle.
- User: the natural person that uses the Service as the or on its behalf.
- Agreement: the agreement between Stitch Fiddle and the Client by virtue of which Clients may use the Stitch Fiddle Service.
- Terms and conditions: these conditions, including all current and future Attachments.
- Party: each party to the Agreement.
- Personal data: any information directly or indirectly relating to a natural person.
- Platform: a confined environment in which the Service is made available by Stitch Fiddle to the Client upon registration, accessible on completion of the Login details.
- Intellectual Property: all intellectual properties and related rights such as copyrights, trademarks, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as domain names and rights to know-how.
- Login details: the username and the password used by the Client to access the Platform.
- Website: www.stitchfiddle.com and all associated top-level domains and underlying web pages.
Article 2. Conclusion and performance of the Agreement
- The Agreement is entered into with the Client upon acceptance of the terms and/or use of the Service by the Client when creating an Account. Acceptance of the Agreement and these Terms can take place either in writing or electronically.
- After concluding the Agreement, Stitch Fiddle will start to deliver the Service as soon as possible.
- The Service can be used and configured by Clients wholly on their own responsibility and without assistance from Stitch Fiddle.
- The Service is available through the most-used and latest browser versions.
Article 3. Duration and termination
- The Agreement is concluded for the limited period of time specified in the Agreement.
- A Party may terminate the Agreement without stating any reason or motivation.
- Either Party may terminate the Agreement with immediate effect without being liable to pay any form of compensation and without judicial intervention in the event that the other party:
- becomes bankrupt;
- is granted a moratorium (provisional or otherwise);
- is no longer considered capable of meeting its commitments under the Agreement;
- is affected by a force majeure situation for more than 90 days (as set out in Article 10 of the Terms & Conditions).
- If by reason of notice, termination, or if ending the Agreement by other means, under no circumstances will Stitch Fiddle be obliged to refund monies or to indemnify the other Party following any such notice, cancellation, or termination of the Agreement.
- The Client must create an Account in order to use the Service. The Client is obliged to enter the requisite Account details truthfully. Stitch Fiddle reserves the right to verify the information provided, but shall not be obliged to do so. The Login details of the Account will be created by the Client.
- The User accepts that Stitch Fiddle has no input whatsoever in the information and activities which Users make available or perform via the Service. Disputes between Users or with third parties must be resolved between them and Stitch Fiddle shall not be a party hereto.
- The Client is entirely responsible for all actions arising in connection with Users’ Accounts.
- The Client accepts that the Service comprises the functionalities and properties as found in the Service at the time of use (“as is basis”). Stitch Fiddle does not warrant that the Service will be accessible at all times, without any interruptions and/or disruptions, or that the Service will be delivered completely and/or error-free. Failures in the Service can occur (though not exclusively) as a result of breakdowns in the Internet and/or telephone connections or faults/defects.
- The User is wholly responsible for the information he/she enters into the Service. Stitch Fiddle is not responsible for information that is processed via the Service. The Client shall be held fully and solely responsible for any information entered into the Service by the Client which is incorrect and/or unlawful. Stitch Fiddle accepts no responsibility whatsoever in relation to the information exchanged or communications generated through use of the Service. The Client shall indemnify Stitch Fiddle and its suppliers against third-party claims alleging that information and/or communication generated by the Client via the Service are unlawful, and/or that unlawful information is being displayed via the Service.
- In availing of the Service, the User warrants that:
- he/she will not use the Service in a manner that violates the rights of third parties, the law and/or these Conditions;
- he/she shall act and behave in regard to the Service as diligently as may be reasonably expected from the Client;
- he/she shall refrain from using viruses, Trojan horses, worms, bots or other software that can damage the Service or render the Service inaccessible, or in a manner designed to circumvent the Service’s technical protective measures;
- he/she shall not engage in actions which may monopolize the infrastructure of the Service unreasonably and/or disproportionately and/or impede the functionality of the Service;
- he/she shall use no applications that monitor, manipulate and/or copy (parts of) the Service;
- he/she shall not be guilty of disseminating spam and/or initiating any (unsolicited) form of commercial communications by the Service or with users in any other way, directly or indirectly in the promotion of goods, services or the image of an enterprise, organization or person, irrespective of the (indirect) connection of these products or services with the character of the Service or the potential interest of a third party;
- he/she is not guilty of disseminating any other form of unsolicited communication;
- the information the User provides:
- will not impact negatively on the honor and/or good name and/or reputation of Stitch Fiddle, its affiliates and/or its directors;
- is not of a racist, pornographic or erotic nature;
- is not in violation of any laws or regulations or in breach of these Conditions;
- does not infringe any rights of third parties, including but not limited to Intellectual Property rights and privacy rights or is otherwise unlawful towards a third party of Stitch Fiddle;
- If Stitch Fiddle is of the opinion that the Client poses a danger to the business, image and reputation of Stitch Fiddle and/or to the functioning of the server(s) or the network of Stitch Fiddle or third parties, in particular due to the excessive holding or transmission of information which may cause performance problems, Stitch Fiddle reserves the right to take whatever measures it considers necessary within reason to avert or prevent this risk.
- If the Client acts in violation of these Conditions, Stitch Fiddle shall be entitled to refuse the Client access to the Service.
- The Client agrees that users may receive E-mails and other electronic messages from Stitch Fiddle in regard to the Service.
- Stitch Fiddle may assume that all activities generated via the Client’s Account originate from the Client and/or another person acting on behalf of the Client.
- The Client must report damaging Content, and may never directly or indirectly contribute to damaging Content.
- The User accepts that the use and potential misuse of his/her Login details will be at the User’s own risk and expense. The Client is advised to ensure that his/her Login details are kept as secret as possible. If the Client discloses his/her Login details to third parties, he/she will be entirely responsible for any ensuing consequences.
- Should Stitch Fiddle for any reason whatsoever suffer damage ensuing from the transfer of Login details by the Client to third parties, the Client shall be fully liable for same. The Client must notify Stitch Fiddle as soon as the Client becomes aware or suspects that the usernames and passwords have come into the hands of unauthorized persons. In such cases, Stitch Fiddle reserves the right to take effective measures.
- If Clients fail to comply with one or more of the provisions set forth in this Agreement, Stitch Fiddle shall be entitled to block the Service and/or terminate the Agreement. The payment obligation of the Client will not be cancelled.
Article 5. Prices and payment
- The prices payable for the Service to be provided by Stitch Fiddle can be found on the Website and/or the Agreement.
- All prices are stated in Euros and are inclusive of turnover tax (VAT) and other levies imposed by the government.
- All prices listed on the website, in brochures and in other Stitch Fiddle materials are applicable notwithstanding any apparent typing or calculation errors. No liability is accepted in respect of the consequences of apparent typing and calculation errors.
- Stitch Fiddle reserves the right to amend its prices in the interim. Such changes will be communicated not later than one (1) month in advance of their coming into effect, either in a newsletter and/or via a personal Email from Stitch Fiddle. If not in agreement with such price changes, the Client shall be authorized prior to the date on which this amendment comes into effect to terminate the Agreement as from the effective date of the amendment.
- The Client consents to electronic billing by Stitch Fiddle.
- The Client is at all times obliged to pay the costs arising in connection with this Agreement within 14 days of the invoice date.
- Where payment is overdue, the Client shall be obliged, in addition to the amount owed and the interest thereon, to fully reimburse the relevant extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies. Moreover, Stitch Fiddle may request a guarantee of payment from the Client for the remaining contractual period and will be entitled to suspend the Service.
Article 6. Intellectual Property
- All Intellectual Property rights to the Service software made available or developed by virtue of the Agreement, including the Website, shall be held exclusively by Stitch Fiddle or its licensors. During the term of the Agreement, the Client shall be granted a sole, non-exclusive and non-transferable right of use hereto, and furthermore only those rights that are in accordance with the conditions set forth or otherwise expressly conferred upon the Client.
- The Client shall retain ownership of all information entered into the Service by or on behalf of the Client during the term of the Agreement. Throughout the term of the Agreement, Stitch Fiddle shall be granted user rights to this information in order to execute the Agreement and to make the Service available. Stitch Fiddle will refrain from reviews per Client, unless specifically requested by the Client.
- The Client is not permitted to sell the Service or to act in any other way as a supplier of the Service.
- Stitch Fiddle or its suppliers are permitted to take technical measures in order to protect the Service software. If Stitch Fiddle has secured its software by means of technical protection, the Client shall be prohibited from removing or circumventing this protection.
- If the Client alters the Service with his/her own signs and/or texts that are subject to Intellectual Property rights held by the Client, Stitch Fiddle may only make use of same for the purpose intended.
Article 7. Updates and Maintenance
- Stitch Fiddle or its suppliers have the right to update the Service software programs from time to time in order to improve its functioning and to correct inaccuracies.
- Stitch Fiddle reserves the right to temporarily disable the Service for purpose of maintenance, modification or improvement of the Service and the Stitch Fiddle servers.
- Stitch Fiddle shall aim to organize this lack of connectivity in such a way that the Client experiences the least possible disruption.
- Under no circumstances shall Stitch Fiddle be liable to pay any form of compensation to the Client in respect of damages, following a planned lack of connectivity.
Article 8. Help Center
- Information regarding use of the Service is provided to the Client on the website.
Article 9. Force Majeure
- Stitch Fiddle shall not be obliged to fulfill any obligations towards the Client in the event that Stitch Fiddle is precluded from so doing due to any circumstance over which Stitch Fiddle has no control.
- The execution of the Agreement may be suspended without any liability to pay damages where such force majeure circumstances in any event are due to disruptions in the telecommunication infrastructure, internet, a (d)dos attack, national riots, mobilization, war, traffic congestion, strikes, exclusion, import and export obstacles, company disruptions, discontinuation of supplies, fire, flood, breach of contract by suppliers on which Stitch Fiddle is dependent in its execution of the Agreement.
- Where the force majeure situation prevents performance of one's obligations for longer than thirty (30) days, both Parties shall have the right to terminate the Agreement with immediate effect, without incurring any liability to pay damages. In such circumstances, the Client shall be entitled to a refund for the remaining period of the Agreement.
Article 10. Liability
- Where Stitch Fiddle is deemed liable to pay direct damages to the Client owing to an attributable shortcoming in the fulfilment of its obligations, explicitly including any shortcoming in the fulfilment of warranty obligations towards the Client, or due to any unlawful act on the part of Stitch Fiddle, its employees or a third party hired by same, such liability will be limited per event or series of cohesive events to an amount that is equivalent to the subscription charges paid by the Client during the three (3) months prior to the event or occurrence giving rise to such liability, up to a maximum of € 1,000 (excluding VAT) per year.
- Liability on the part of Stitch Fiddle is hereby excluded with respect to indirect damages, including consequential loss, loss of profits, loss of savings, corruption or loss of (company) data and loss as a result of business interruption.
- Under no circumstances will liability in respect of direct damages exceed the cover provided under Stitch Fiddle's liability insurance.
- The Client shall indemnify Stitch Fiddle against all third party claims arising for whatever reason in connection with damage, costs or interest related to the Agreement and/or the Service.
- The preceding paragraphs of the Article will not apply if and in so far as the said damage is the result of intent or willful recklessness on the part of Stitch Fiddle.
- Under no circumstances shall Stitch Fiddle be held liable for any damages incurred by the Client as a result of force majeure, as set out in Article 10.
- Any claim for damages filed by the Client against Stitch Fiddle which is not specified, explicit and reported in writing will become void 30 days after the initiation of the claim.
Article 11. Amendment of these Conditions
- Stitch Fiddle reserves the right to modify and/or amend these Conditions.
- Changes to Agreements already concluded come into effect after a period of thirty (30) days following publication of the changes on the Stitch Fiddle Website and via electronic communication. Changes of minor importance can be made at any time.
- Where an amendment to these Conditions which is not of minor importance is not acceptable to the Client, he or she shall be entitled to terminate the Agreement as from the effective date of these new Conditions.
Article 12. Final Provisions
- These Conditions shall be governed by the laws of The Netherlands.
- Stitch Fiddle shall be entitled to transfer the Agreement without the Client’s consent to a third party. The Client will be given prompt notification of same.
- The version of the communication received and saved by Stitch Fiddle serves as evidence thereof, unless the Client can provide counter evidence.
- Unless otherwise stipulated by the mandatory rules, all disputes arising from this Agreement shall be referred to the District Court of Amsterdam (Rechtbank Amsterdam).
- If one or more provisions in these Conditions happen to be invalid, this shall not affect in any respect whatsoever the validity or enforceability of the remaining provisions. The invalid provision will be replaced by a provision which comes as close as possible to the purpose of the invalid or ineffective provision.