The website www.erosdates.com (“Website”) is offered by Business Investment Group, established in Groningen and registered with the Chamber of Commerce under number 81376375.
These general terms and conditions of www.erosdates.com (“General Terms and Conditions”) apply to all use of the Website, to all services offered via the Website, and to all agreements entered into between you and Business Investment Group for the use of the Website and the Services offered by Business Investment Group.
By using the Website and/or the Services, you agree to these General Terms and Conditions.
We recommend that you carefully read these General Terms and Conditions and the accompanying Privacy Policy and, if desired, print or save a copy thereof.
If you use the Website as a visitor, you must be at least 18 years of age.
If you wish to place an advertisement on the Website, you must be at least 21 years of age.
BUSINESS INVESTMENT GROUP is entitled to verify your age and, in case of doubt, to request additional proof (for example, a copy of an ID).
1. Definitions
In these General Terms and Conditions, the following definitions apply, both in singular and plural form:
1.1 Account: the ability to make use of the Services;
1.2 Advertiser: the natural person or legal entity who makes themselves available through the Website for the provision of erotic and sexual services;
1.3 Advertisement: an advertisement on the Website in which erotic and/or sexual services are offered by the Advertiser, including all image and video material;
1.4 General Terms and Conditions: these general terms and conditions, regardless of the form in which they are made known;
1.5 Visitor: the natural person who uses the Website, for example by creating an Account;
1.6 User: you, yourself; an Advertiser or Visitor;
1.7 Services: the services offered by Business Investment Group on the Website, consisting, among other things, of providing a platform on which Advertisers and Visitors can connect with each other via Advertisements for the purchase and provision of erotic/sexual services;
1.8 BUSINESS INVESTMENT GROUP, we, us: Business Investment Group B.V.;
1.9 Website: the website www.erosdates.com
2. General
2.1 These General Terms and Conditions apply to the use of the Website and the Services and to all agreements and all other possible legal acts between the User and Business Investment Group. BUSINESS INVESTMENT GROUP expressly rejects any general terms and conditions of the User.
BUSINESS INVESTMENT GROUP is at all times entitled to amend or supplement these General Terms and Conditions. We therefore recommend regularly consulting the General Terms and Conditions. If you do not agree with the changes, you may immediately terminate your use of the Website and the Services.
2.2 Deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing or by email between BUSINESS INVESTMENT GROUP and the User.
2.3 If and insofar as any provision of these General Terms and Conditions is declared null and void or is annulled, the remaining provisions shall remain fully in force.
In such a case, BUSINESS INVESTMENT GROUP shall establish a new provision to replace the null and void/annulled provision, whereby the intent and purpose of the null and void/annulled provision shall be taken into account as much as possible.
3. Services
3.1 Through the Website, we provide an online platform on which Advertisers and Visitors can come into contact with each other for the performance and purchase of erotic and sexual services.
In short, our Service consists of:
for Advertisers: making available (i) advertising space on the Website for offering erotic and sexual services and (ii) a communication tool (e.g. mail function) with Visitors;
for Visitors: making available an advertisement platform with the possibility to contact Advertisers regarding the erotic and sexual services offered by them.
The Website may only be used for legal erotic and sexual services.
3.2 We only have a facilitating role and cannot be held responsible for acts or omissions of Users.
We are expressly not involved in the erotic service that an Advertiser offers and/or provides to a Visitor and remain outside any contact between Users and/or outside any agreements or arrangements that may arise between an Advertiser and a Visitor through the use of the Website.
We are expressly not liable for any damage suffered by a Visitor and/or Advertiser as a result of contact between the Visitor and the Advertiser and/or the (erotic) activities between them.
3.3 We do not guarantee that the Website or the Services will function without errors or will meet your expectations.
In particular, we do not guarantee that:
i. the information on the Website (including information placed by Users) is correct, complete, suitable or up to date, does not infringe any (property) rights of third parties or is not otherwise unlawful;
ii. the Website will function without interruption, will be free of viruses, trojans and other errors and/or defects, and that any defects will be remedied;
iii. third parties will not use the Website and/or the Services unlawfully.
3.4 Content on the Website relating to Advertisements, reviews and any responses originates from Users.
These Users are themselves responsible for the accuracy and completeness of the content they place.
We bear no responsibility whatsoever for the content posted by Users.
4. Conditions for use of the Website and the Services
4.1 Visitors must be at least 18 years of age.
If the Advertiser is a natural person, he/she must be at least 21 years of age.
If the Advertiser is a legal entity with multiple sex workers, the sex workers for whom the Advertiser places the Service and/or an Advertisement must be at least 21 years of age.
We are entitled to verify age and, in case of doubt, to request additional proof (for example, a copy of an ID). The copy of your ID will be processed in accordance with the Privacy Policy.
If we have doubts about age, we are also entitled to refuse and/or terminate access to the Website and the Services.
4.2 In order to use certain Services, you must create an Account and provide certain (personal) data (including at least an email address and in some cases also name, address and telephone number).
For the Account, you will receive a password.
The Account and password are strictly personal and you may not allow third parties to use them.
We are entitled to change the password if this is necessary in the interest of the functioning of the Service.
You are liable for any use made of your Account and indemnify us against any claims from third parties regarding damage or otherwise, arising in any way from the use of the Service via your Account.
4.3 Only one Account per User may be created.
Sharing Accounts or registering multiple Accounts is not permitted, unless we have given explicit prior written (or email) permission.
4.4 You guarantee that all (personal) data you provide in connection with the Service (including but not limited to name, address details, telephone number, date of birth, ID and email address) is complete, correct and up to date, and that you use the Website and the Service exclusively for yourself or your own organization (in the case of an Advertiser with multiple sex workers).
In addition, you guarantee that you will comply with all applicable laws and regulations with regard to the purchase or provision of erotic/sexual services.
4.5 By placing Advertisements, (personal) data, reviews or other content on the Website and/or within the Service, you expressly grant BUSINESS INVESTMENT GROUP permission to publish such (personal) data, Advertisements, reviews and/or other content on the Website.
You guarantee that you are authorized to grant such permission.
You acknowledge that the positioning of Advertisements and other information on the Website depends on a number of factors, including but not limited to the fee paid, and that no rights can be derived from this.
4.6 You are solely responsible and liable for the content of the Advertisements, (personal) data, reviews and other content that you publish on the Website.
You guarantee that such content is correct, up to date and reliable and does not violate applicable laws and regulations and is not unlawful.
In addition, you guarantee that with such data you do not treat other Users improperly, do not violate their privacy and will not harm the interests or reputation of BUSINESS INVESTMENT GROUP.
4.7 The following content may in any case not be placed in Advertisements, reviews, responses to reviews or elsewhere on the Website or within the Service:
a) content that violates any law or regulation or these General Terms and Conditions;
b) content that refers to or relates to any form of illegal prostitution, including but not limited to prostitution under coercion, blackmail, threat of violence or otherwise involuntary prostitution, child prostitution, child pornography and any other illegal/criminal acts, services or products or services or products that may in any way cause harm to third parties;
c) content that infringes intellectual property rights or privacy rights of third parties or otherwise violates rights of BUSINESS INVESTMENT GROUP or third parties;
d) content featuring sex workers under the age of 21;
e) content which, in our opinion, is contrary to public morals or good taste, is violent, threatening, blasphemous, defamatory or slanderous, or incites violence or hatred against another person or persons;
f) content containing computer programs (including autofreshers / mouseclickers, etc.), files and/or other material that contain destructive or unpredictable characteristics such as manipulated files, “hidden” files (for example: images embedded in audio files), worms, Trojan horses or bots for scrolling or other activities that disrupt or may disrupt the integrity or functioning of the Website or online communication in general;
g) content that in any way mentions or refers to another website that competes with or is comparable to the Website.
We are at all times entitled, at our own discretion, to modify, shorten or remove content from Users on the Website, without this giving rise to any right to compensation.
For example, we will do so if the content violates Article 4.
4.8 Any (personal) data obtained via the Website may only be used for the purpose for which the User has received it, namely responding to an Advertisement or a message received via the Website.
It is not permitted to collect and process such data for any other purpose, including but not limited to any form of unsolicited communication (spam).
If you act in violation of this provision, you shall, without further warning or notice of default and without judicial intervention being required, incur an immediately payable penalty of EUR 500 (five hundred euros) per incident or per day that the data is used, without prejudice to the right of BUSINESS INVESTMENT GROUP to take other measures available to it and/or to claim damages.
5. Zero tolerance policy regarding abuses
5.1 If there is a suspicion that you are acting in violation of Article 4.7, we may immediately terminate the agreement and the use of the Website and the Services, without this giving rise in any way to any right to compensation.
We also reserve the right, at our own discretion, to inform the police, judicial authorities and other relevant institutions and organizations in this context and to file a report.
We will, at our own discretion, cooperate with lawful requests from government authorities/judicial authorities to provide data in the context of the investigation of the abuses referred to in Article 4.6.
5.2 Within the framework of our zero tolerance policy regarding abuses in the sex industry, we also call upon Visitors to report abuses to us and to the relevant authorities.
5.3 Although we prohibit the use of our Services by Advertisers under the age of 21 and we carry out age checks, we cannot unfortunately guarantee that an Advertiser is always 21 years of age or older.
If you enter into contact with an Advertiser, we request that you also verify the age of the Advertiser yourself.
If you doubt whether the Advertiser is older than 21 years, or if you establish that the Advertiser is a minor, you must immediately refrain from any contact with the relevant Advertiser and inform us and/or the police and judicial authorities of your doubt or finding without delay.
You may do so anonymously via the reporting center “Meld Misdaad Anoniem”.
5.4 If you suspect or have reasonable grounds to assume that an Advertiser offers their (erotic) services under coercion, blackmail, threat of violence or otherwise involuntarily, you must immediately refrain from any contact with the Advertiser and inform us and/or the police and judicial authorities immediately.
You may do so anonymously via the reporting center “Meld Misdaad Anoniem”.
5.5 If you believe that certain information on the Website is unlawful, you may also report this to us.
We will handle the report, provided it meets all requirements set by us.
If the report shows that the contested material is manifestly unlawful, we will remove it.
5.6 Reports can be submitted via the email address: privacy@erosdates.com
6. Processing of personal data
BUSINESS INVESTMENT GROUP as controller
6.1 Via the Website and the Services (including the Account), we process, with your explicit consent, your (special categories of) personal data, including data concerning sexual behavior or sexual orientation.
We ensure that the processing of these personal data complies with the General Data Protection Regulation (“GDPR”) and the Dutch Implementing Act.
The Privacy Policy included on the Website applies to the processing of these (special categories of) personal data by us as controller.
We advise you to carefully read and store this Privacy Policy. It also describes your rights with regard to the processing of your personal data.
BUSINESS INVESTMENT GROUP as processor
6.2 If we process personal data on behalf of an Advertiser relating to sex workers affiliated with that Advertiser, we process such personal data on behalf of the Advertiser and act as a processor, while the Advertiser acts as the controller of the personal data of those sex workers within the meaning of the GDPR.
In that case, Articles 6.3 through 6.12 apply.
6.3 We process personal data only if this is necessary for the performance of our obligations under the agreement with the Advertiser.
Other processing activities will only be carried out after receipt of a written instruction from the Advertiser, an order from a court, investigative or other authority, or if there is a legal obligation to do so.
We will inform the Advertiser of this in advance, unless the relevant legal provision does not permit this.
We will not retain personal data longer than necessary for the performance of our obligations under the agreement and will delete them afterwards.
6.4 The Advertiser guarantees that the sex worker has explicitly and lawfully given consent for the processing of his/her (special categories of) personal data, including data concerning sexual behavior or sexual orientation, in an Advertisement or otherwise within the Service.
The Advertiser further guarantees that he/she does not violate the privacy of the sex worker or other third parties and does not act in violation of the GDPR or other applicable laws and regulations.
6.5 The Advertiser indemnifies BUSINESS INVESTMENT GROUP and holds BUSINESS INVESTMENT GROUP harmless against all claims, actions and demands from third parties (including sex workers and Visitors), as well as any fines and penalty payments imposed by the Dutch Data Protection Authority or any other supervisory authority, resulting from a violation of laws and regulations, in particular the GDPR, or any attributable failure by the Advertiser to comply with the obligations under these General Terms and Conditions.
6.6 We will implement appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing.
These measures, taking into account the state of the art and the costs of implementation, ensure an appropriate level of security given the risks involved in the processing and the nature of the data to be protected.
These measures are also aimed at preventing unnecessary collection and further processing of personal data.
6.7 At the written request of the Advertiser, we will:
(i) provide the Advertiser with information about the processing of personal data, including the security measures taken by us; and/or
(ii) grant access to our systems to an accredited auditor engaged by the Advertiser, so that it can be verified whether we act in accordance with the security obligation laid down in Article 6.6.
Such an audit will always take place during normal business hours.
The costs of the audit shall be borne by the Advertiser.
6.8 We will make efforts to provide reasonable cooperation in carrying out the audits as referred to in Article 6.7.
In addition, we will provide all reasonable cooperation to the Advertiser in fulfilling its obligation to respond to requests from data subjects concerning the exercise of their rights under the GDPR.
6.9 The Advertiser grants us permission to engage sub-processors for the processing of personal data. These are listed in Article 5 of the Privacy Policy.
If we wish to add or change sub-processors, we will inform the Advertiser in advance and give the Advertiser the opportunity to object to the change/addition.
We will conclude an agreement with such sub-processors in which all relevant obligations from this Article and the GDPR are included.
6.10 We will notify the Advertiser as soon as possible, but in any event no later than 48 hours after discovering a breach or serious attempt thereto, of breaches of the security measures taken by us or by a sub-processor engaged by us, if it can reasonably be assumed that this breach leads to a significant risk of loss or unlawful processing of personal data with adverse consequences for the personal data and the privacy of the data subject.
This notification will include relevant information regarding:
(i) the nature of the breach;
(ii) the established and expected consequences of the breach for the processing of personal data; and
(iii) the measures that will be taken to end or prevent the breach and to limit its negative consequences.
6.11 We will observe confidentiality with regard to all personal data that we process on behalf of the Advertiser under the agreement.
We will not make personal data available to third parties (other than sub-processors), unless there is an order from a court, investigative or other authority, or we are obliged to do so under applicable laws and regulations or a court ruling.
6.12 We will not process personal data, nor have them processed by ourselves or by sub-processors, in countries outside the European Economic Area (“EEA”) without an adequate level of protection, unless we have obtained prior consent from the Contracting Party.
7. Intellectual Property Rights
7.1 All intellectual property rights relating to the Website are vested exclusively in BUSINESS INVESTMENT GROUP and/or its licensors.
7.2 Insofar as intellectual property rights rest on the content published by the User on the Website (for example, content of an Advertisement), such intellectual property rights shall remain vested in the User.
The User grants BUSINESS INVESTMENT GROUP, free of charge, an irrevocable, non-exclusive, transferable, sublicensable and unlimited right to use the content on and for the benefit of the Website, until such content is removed from the Website by the User.
Such use includes, but is not limited to, modifying, shortening, reproducing and making the content public on the Website or in other (advertising) media for the purpose of promoting the Website.
7.3 The User guarantees that the content placed by him/her on the Website, including but not limited to Advertisements, does not infringe any (intellectual property) rights of third parties.
The User fully indemnifies BUSINESS INVESTMENT GROUP against all possible claims from third parties arising in any way from and/or related to the content placed by him/her on the Website, including any claim based on the allegation that such content infringes any (intellectual property) rights of third parties.
7.4 You may not, without our written permission, make the Website or any part of its content available to third parties in any way, reproduce, distribute, transmit, or incorporate it into other material.
This also means that, without prior written permission from BUSINESS INVESTMENT GROUP, you may not:
retrieve and/or reuse a substantial part of the contents of one or more databases;
or repeatedly and systematically retrieve and/or reuse non-substantial parts of the contents of a database
within the meaning of the Dutch Database Act (Databankenwet).
8. Liability and indemnification
8.1 BUSINESS INVESTMENT GROUP shall not be liable for any damage suffered by the User as a result of their use of the Website or the Services, or the inability to use the Website or the Services, including (but not limited to) damage caused by malware, viruses and/or the inaccuracy or incompleteness of the information on the Website, unless such damage is the result of intent or gross negligence on the part of BUSINESS INVESTMENT GROUP or its staff.
8.2 The total liability of BUSINESS INVESTMENT GROUP shall at all times be limited to compensation for direct damage up to a maximum of EUR 25 per event, whereby a series of events shall be considered as one event.
For the purposes of this provision, direct damage shall exclusively mean:
(i) the costs that you have reasonably had to incur to have the shortcoming of BUSINESS INVESTMENT GROUP remedied or undone, so that the performance of BUSINESS INVESTMENT GROUP complies with the agreement;
(ii) reasonable costs incurred to prevent or limit damage; and
(iii) reasonable costs incurred to determine the cause and extent of the damage.
8.3 Any liability of BUSINESS INVESTMENT GROUP for indirect damage is excluded, including but not limited to consequential damage, loss of profit and loss of turnover.
8.4 You shall indemnify and hold harmless BUSINESS INVESTMENT GROUP (including its officers and employees) against all liabilities, losses, expenses, legal costs, professional costs and other costs of whatever nature, arising from or related to:
a) any breach by you of these General Terms and Conditions;
b) content placed by you on the Website;
c) your infringement of rights of other Users or your unlawful acts towards other Users.
9. Paid advertisements
9.1 Advertisers have the possibility, against payment of the agreed fee, to have the Advertisement published in specific positions on the Website, so that the Advertisement receives greater visibility.
From the moment the Advertisement is published in the agreed position on the Website, the Advertiser is liable to pay the agreed fee.
All prices stated on the Website are in euros and include VAT.
9.2 The fee due can be paid via the payment service offered on the Website or via the credit bundle.
If the payment is not made, not made in time, or is reversed, we are entitled to remove the placed Advertisement and still charge the amount due.
We are also entitled to charge the statutory commercial interest.
9.3 On the Website, we offer Advertisers the possibility to purchase a credit bundle.
This credit bundle can be used to pay the fees referred to in Article 9.1.
In your Account, you can view the balance of the credit bundle.
The credit bundle cannot be exchanged for cash and is also not redeemable in any other way at BUSINESS INVESTMENT GROUP.
The credit bundle will automatically expire if the agreement ends and/or your Account is terminated.
10. Use of reviews
10.1 Only if the Advertiser has opted for this, a Visitor may publish a review with the Advertiser’s Advertisement.
For this, the Visitor must be logged in.
10.2 Reviews are checked by a moderator and, upon approval, published with the relevant Advertisement.
The Advertiser will be notified of this and has the possibility to respond once.
This response is also checked by the moderator and, upon approval, published.
The moderator is at all times entitled to reject a review or a response.
Rejection may occur, for example, if the review or response is in violation of Article 10.3.
10.3 You are responsible and liable for the content of your review and/or your response to a review and you guarantee that:
a) the review and/or response does not violate the privacy of third parties (including the Advertiser, the relevant sex worker or Visitor) and does not contain personal data or other descriptions that can be traced back to a person;
b) the content of the review is not false, deceptive, misleading or fraudulent, does not pose a threat, does not promote or encourage illegal activities, and is not otherwise unlawful and/or contrary to the law;
c) you do not treat others improperly with the review or response (including the Advertiser, the sex worker or Visitor), for example by posting discriminatory, offensive, unnecessarily hurtful or insulting texts;
d) the review is based on your own experience with the Advertiser or sex worker;
e) the review and/or response does not harm minors;
f) the review and/or response does not contain advertisements and does not otherwise promote the sale of other products or services, unless expressly agreed that this is permitted;
g) the review and/or response does not contain viruses, corrupted files or other software or programs that may disrupt or damage the functioning of the Website or other computers;
h) you will not harm the interests or the reputation of the Website and BUSINESS INVESTMENT GROUP.
10.4 The Visitor acknowledges and agrees that their username (nickname) will be published with the review.
10.5 If you believe that a review or a response to a review violates the General Terms and Conditions or the Privacy Policy, you may submit a complaint via email to info@erosdates.com.
The email must include further motivation, substantiation and supporting evidence.
BUSINESS INVESTMENT GROUP will handle the complaint and may forward it to the relevant Visitor or Advertiser to allow them to respond.
The complaint will be handled as soon as possible.
During the handling of the complaint, the review or response may be temporarily removed.
Notwithstanding the foregoing, BUSINESS INVESTMENT GROUP is at all times entitled to remove your review at its own discretion, for example following a complaint.
10.6 If the agreement with a Visitor ends, their reviews will be automatically deleted.
If the agreement with an Advertiser ends, the reviews relating to that Advertiser and their responses will also be automatically deleted.
10.7 If the Advertiser removes their Advertisement or withdraws consent for reviews while keeping their Account active, the reviews relating to that Advertisement and the responses will no longer be displayed on the Website.
However, these reviews and responses will be retained within the platform of BUSINESS INVESTMENT GROUP, so that they can be shown again if the Advertiser republishes the Advertisement or allows reviews again.
11. Duration of the agreement
11.1 Each agreement between the User and BUSINESS INVESTMENT GROUP is entered into for an indefinite period of time.
The User may terminate the agreement at any time by deleting the Account and ceasing use of the Website and the Services.
11.2 BUSINESS INVESTMENT GROUP will terminate the agreement with immediate effect and delete your Account, without being obliged to pay any compensation, if you have not logged into your Account for more than six months and you also fail to log in within the additional period set in the reminder sent to you.
11.3 In addition to Article 11.2, BUSINESS INVESTMENT GROUP reserves the right to terminate the agreement with immediate effect and to exclude you from any (further) use of the Services, including by blocking and/or deleting your Account, without being obliged to pay any compensation or refund any amounts already paid, if you:
act in any way in violation of these General Terms and Conditions;
infringe any (intellectual property) rights of third parties;
act in violation of applicable laws and regulations.
11.4 In addition to the foregoing, BUSINESS INVESTMENT GROUP is at all times entitled to terminate the agreement, for whatever reason, subject to a notice period of one (1) month.
11.5 In addition to the grounds for termination provided by law, each party is entitled to dissolve the agreement, in whole or in part, with immediate effect and without judicial intervention or notice of default, if the other party:
has applied for a suspension of payments or has been granted such suspension; and/or
has been declared bankrupt or a bankruptcy petition has been filed against them.
12. Disputes and complaints
12.1 These General Terms and Conditions are governed by Dutch law.
12.2 Disputes arising from or related to these General Terms and Conditions or agreements to which these General Terms and Conditions apply in whole or in part shall be exclusively submitted to the competent court in The Hague.
12.3 If you are a consumer, you may also submit your complaint via the EU Online Dispute Resolution Platform (“ODR Platform”).
The ODR Platform is an interactive website that can be consulted online free of charge.
The ODR Platform is intended as a simple way for consumers to reach an amicable settlement in disputes with local and international traders, including marketplaces.
The ODR Platform is accessible via the following link:
http://ec.europa.eu/consumers/odr
Naturally, we advise you to first submit any complaint directly to us by sending an email to: info@erosdates.nl
BUSINESS INVESTMENT GROUP