ARTICLE 1. | DEFINITIONS

In these terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.

1. Fitralo: the user of these terms and conditions, established on Logistiekweg 4, unit 4, 7007 CJ in Doetinchem NL, listed in the Trade Register under Chamber of Commerce number 84000473.

2. User: any legal person or natural person acting from the exercise of a profession or business with whom Fitralo has concluded or intends to conclude a User Agreement.

3. Parties: Fitralo and the User jointly.

4. User Agreement: the agreement between Parties in the context of which Fitralo commits itself vis-a-vis the User to make available against payment an Account on the Website by which the User can post his Profile on the Website.

5. Website: the website www.fitralo.com that the User can make use of in the context of the User Agreement by creating a Profile on it, by way of his Account, that is displayed on the Website.

6. Profile: the business profile created by the User for display on the Website, including any possible job vacancies.

7. Account: the part of the Website exclusively available to the User by way of his username and password, by which the User can create his Profile.

ARTICLE 2. | GENERAL PROVISIONS

1. These terms and conditions are applicable to any offer of Fitralo directed at the User by way of the Website to enter into a User Agreement and to any User Agreement as such.

2. Any possible terms and conditions of the User, designated with any name whatsoever, are not applicable to the User Agreement.

3. Required for the adoption of the User Agreement is registration by the User in accordance with what is established in article 3. If and to the extent Parties upon registration expressly derogate from what is established in these terms and conditions, the relevant deviating provision prevails.

4. Before the User Agreement is concluded, the text of these terms and conditions is provided to the User in such a manner that it can be easily stored on the device of the User.

5. The annulment or voidness of one or more of the provisions from these terms and conditions or the User Agreement as such leaves unaffected the other provisions. In such case as may occur, Parties are obliged to enter into mutual consultations with regard to the impaired provision. The purpose and tenor of the original provision are thereby observed as much as possible.

ARTICLE 3. | REGISTRATION, PROFILES, AND CONTENT OF THE USER AGREEMENT

1. It is required for adoption of the User Agreement that the User registers on the Website. The User must provide all mandatory data requested upon registration completely and truthfully. The User guarantees the correctness and completeness of the data provided by him upon registration. Fitralo is never liable for damage that has occurred because it relied on incorrect or incomplete data provided by the User.

2. The offer of Fitralo to register on the Website is non-committal and exclusively reserved to Users who provide services from the exercise of their profession or business in the transport and/or logistics sector.

3. After completion of the registration procedure on the Website, the User receives, without prejudice to what is established in the previous section, an e-mail to confirm registration, at which time the User Agreement is adopted.

4. Fitralo commits itself exclusively to operating the Website, which exclusively provides for possibilities enabling the User to reveal his Profile on the Website. Fitralo therefore is not a party to (the adoption of) any possible undertakings between the User and visitors of the Website that have viewed the Profile of the User. Upon (the adoption of) any possible undertaking between the User and visitors of the Website, Fitralo can never be involved. The User concludes any possible agreements between him and visitors of the Website entirely at own expense and risk.

5. Fitralo can never guarantee whether and to what degree the Profile of the User is visited by visitors of the Website and leads to the increase of sales and turnover of the User or the fulfilment of job vacancies respectively. Fitralo does not accept any liability in the matter.

6. Fitralo will be allowed to control the content of the Profile created by the User. The User is fully responsible, even after a possible control by Fitralo, for the content of his Profile. Fitralo is not obliged to verify the content of the Profile and the correctness, completeness, reliability, and legitimacy of the information, of any nature whatsoever, provided by the User in his Profile. The User indemnifies Fitralo in the matter of all third-party claims, including especially those by visitors to the Website.

Profiles

7. The User is obliged to provide his Profile with such information that visitors to the Website are able to form a proper opinion on the business of the User or respectively, to the extent it regards the posting of job vacancies, the substance of available job(s). The Profile may not be misleading, imprecise, or incorrect.

8. The User guarantees that the content of his Profile is free from third-party rights and that no violations pertain in the matter of copyrights, portrait rights and/or other intellectual property rights of third parties. In addition, the Profile may otherwise not contain any offer or information that violates the law, public order, or common decency. It is the responsibility of the User himself to assess whether the content of his Profile is lawful.

Measures in case of non-compliance by the User

9. Fitralo reserves itself the right, if and to the extent the circumstances of the case reasonably justify such, to remove the Profile entirely or in part, to deactivate the Account of the User, or to rescind the User Agreement completely or partially with immediate effect in case the User acts in violation of any provision of these terms and conditions and especially of what is established in the previous sections of this article. The User is never entitled in such case to the restitution of payments or any other form of damages or compensation.

ARTICLE 4. | DURATION OF THE USER AGREEMENT

1. The User Agreement is adopted for a fixed term of 12 months, effective from the day of adoption thereof. The User Agreement is extended after expiry of this fixed term each time tacitly by another 12 months, unless the User Agreement is cancelled timely in conformity with what is established in the following section.

2. The User Agreement ends through notice by one of the Parties, though not before the current contract period has expired. Notice by the User must be given in the manner indicated for the purpose under his Account.

3. Even if the User chooses for his Profile to no longer be displayed on the Website between the moment of notice and the end date of the User Agreement, the User is not entitled to refunds of remission.

4. During the term of the User Agreement, the User can purchase, against additional payment, additional job postings and 'stand out more'. Additional job postings are purchased for a fixed term of one month. This undertaking is extended each time for another month, unless this undertaking is cancelled at the latest on the day before the start of the subsequent period of one month. ‘Stand out more’ is purchased for the expressly established number of months. This undertaking ends legally through expiry of the relevant number of months.

5. The ending of the User Agreement entails the termination of additional job postings and 'stand out more'. The User is not entitled to refunds or remission in such case either.

ARTICLE 5. | TERMS OF USE

1. The password created by the User for access to the Website must be kept strictly secret by the User. All actions that are conducted under the Account of the User are attributed to the registered User.

2. Conduct that can be qualified as abuse is strictly prohibited. By abuse is intended, in a non-exhaustive sense, the deliberate entering by way of the Website of incorrect and misleading information, the violation of the software and technical systems of Fitralo and the deliberate causing of malfunctions or defects with respect to the Website.

3. It is prohibited to the User to use the Website for unlawful actions, for actions that are in conflict with the generally valid standards and values or for the committing of criminal actions. Thereby is intended, for example, the violation of any intellectual property rights of Fitralo or third parties, the distribution of secret or confidential information, the indecent, unlawful, or criminal distribution of matters such as texts, imagery, including racist expressions, criminal data traffic, and unlawful breaches of the systems on which the provision of services of Fitralo depends, also including the distribution of viruses, worms, et cetera.

4. It is prohibited to the User to attempt to decompile or forge software used in connection with the Website, to manipulate it in any other manner, or to develop software that infringes on the software used by Fitralo.

ARTICLE 6. | PRICES AND PAYMENTS

1. The sums owed by the User to Fitralo are exclusive of VAT, unless expressly stated otherwise.

2. Fitralo has the right at all times to change its prices, under the proviso that a price change does not regard the current contract period. No later than one month before the possible tacit extension, Fitralo will communicate to the User by e-mail the intended rates change to the extent it regards a service of Fitralo that is purchased by the User at such time.

3. Payments must occur by way of bank transfer, within the term stated on the relevant invoice.

4. Fitralo has the right to provide the invoices falling to the User exclusively through electronic channels.

5. If timely payment fails to occur, Fitralo reserves itself the rights as intended in article 3.9 and the User will fall into default legally. From the first day that the default of the User becomes effective, the User owes an interest of 2% per month on the outstanding amount, whereby a part of a month is designated as an entire month.

6. All reasonable costs, such as judicial, extrajudicial, and enforcement costs incurred to obtain the sums owed by the User are borne by the User.

ARTICLE 7. | LIABILITY AND WAIVER

1. Use of the Website by the User occurs at the own expense and risk of the User. Without prejudice to what is established elsewhere in these terms and conditions, Fitralo is never liable for indirect damage, also including losses, lost profit, and damage as a result of operational stagnation.

2. Fitralo is not able to establish with certainty the identity of visitors to the Website. The User is responsible himself for observance of due diligence in case the visitor to the Website contacts the User.

3. Fitralo is not liable for damage as a result of the unauthorised use of login data for access to the Account of the User on the Website.

4. Fitralo only provides web space to the User and is not involved in any manner in any possible agreements between the User and visitors of the Website. Any liability and involvement of Fitralo in the matter is excluded.

5. Fitralo exerts itself to optimise the proper functioning and the reachability of the Website. Fitralo cannot guarantee, however, that the Website always is available without limitations and that all facilities of the Website always function without any issue. Any liability of Fitralo in the matter is excluded.

6. Fitralo is authorised at all times to (let) deactivate the Website temporarily if this is deemed desirable in connection with maintenance, modification, or improvement of the Website or the servers of Fitralo or third parties. Any liability of Fitralo in the matter is excluded.

7. Were Fitralo to be liable vis-a-vis the User for any damage, then Fitralo has the right at all times to restore such damage. The User must provide Fitralo with the opportunity to such effect, failing which any liability of Fitralo in the matter lapses.

8. Were Fitralo despite what is established in these terms and conditions to be liable vis-a-vis the User, then such liability will never exceed the possible invoice value of the User Agreement, or rather the part of the User Agreement that the liability of Fitralo is in regard to.

9. The User safeguards Fitralo against all claims by visitors to the Website and other third parties for damage that can be attributed to the User, for example, though not solely, in connection with agreements concluded by the User with visitors of the Website, indirectly via the Website. If Fitralo were to be addressed on such account by a visitor of the Website or a different third party, then the User is obliged to assist Fitralo both extrajudicially and judicially and to forthwith do everything that may reasonably be expected of him in such case. Were the User to be negligent with regard to the taking of adequate measures, then Fitralo has the right, without default notice, to proceed to do so itself. All costs and damage on the part of Fitralo and third parties that have occurred as a result are at the integral expense and risk of the User.

ARTICLE 8. | INTELLECTUAL PROPERTY

All copyrights and other rights of intellectual property to the Website, also including the design and functioning thereof, as well as the imagery and text thereon, belong to Fitralo or its licensors, to the extent these rights do not lie with the User himself. It is prohibited to the User to multiply, reproduce or use the material of Fitralo or its licensors in any other manner than is necessarily related to the normal use of the Website.

ARTICLE 9. | FINAL PROVISIONS

1. Fitralo has the right at all times to transfer its rights and obligations from the User Agreement to a third party.

2. Each User Agreement and all legal relationships that flow therefrom between Parties are exclusively subject to Netherlands Law.

3. If a legal dispute were to occur between Parties, Parties are obliged, before appealing to the court of law, to optimally exert themselves to resolve that dispute in mutual consultation.

4. Exclusively the competent court of law in the district of Fitralo is designated to hear any possible legal disputes between Parties.

5. If these terms and conditions are available in multiple languages, the Dutch version thereof always is decisive for the interpretation of the clauses stipulated therein.