These Terms and Conditions were last changed on April 14, 2023, last checked on April 14, 2023, and applies to citizens and legal permanent residents of the United States.
These terms and conditions govern your use of the Wild Woman Herbal Apothecary website. By accessing and using the website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you should not use the website.
All intellectual property rights, including but not limited to copyrights, trademarks, and patents, in the content of this website belong to Wild Woman Herbal Apothecary. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content on this website without prior written permission from Wild Woman Herbal Apothecary.
You may use the website only for lawful purposes and in accordance with these terms and conditions. You agree not to use the website:
The website and its content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Wild Woman Herbal Apothecary does not warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components.
In no event shall Wild Woman Herbal Apothecary, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use or inability to use the website or its content, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if Wild Woman Herbal Apothecary has been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Wild Woman Herbal Apothecary and our affiliates, officers, directors, employees, agents and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of the Site. We also may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the state of California without giving effect to any principles of conflicts of law. You and Wild Woman Herbal Apothecary agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and Wild Woman Herbal Apothecary and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
If you have any questions about these Terms or the Site, please contact us at hello@wildwomanherbs.com.
The Terms and Conditions were last updated on April 14, 2023
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
9.1 Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period will expire after 30 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below.
If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
9.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Please note that there are some legal exceptions to the right to withdraw, and some items can therefore not be returned or exchanged. We will let you know if this applies in your particular case.
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of The United States.
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Wild Woman Herbal Apothecary in relation to your use of this website.
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.
These Terms and Conditions shall be governed by the laws of The United States. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of The United States. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
This website is owned and operated by Wild Woman Herbal Apothecary.
You may contact us regarding these Terms and Conditions through our contact page.
In this Agreement, the capitalised terms defined below shall have the following meanings:
Agreement: the Terms and Conditions, as well as the Assignment Form and/or any other provision or statement legally declared applicable to the legal relationship between the Parties in accordance with the Terms and Conditions.
Assignment Form: document or pricing page containing a detailed specification of the Service or the Product and/or used to issue an assignment for the Service or the Product or used to order or reserve the Service or the Product.
Customer: the natural person or entity the Supplier has entered into the Agreement with or who visits the Supplier’s Website.
Defect: demonstrable deviation in the Service from the characteristics agreed in the Specifications for that purpose.
Documentation: the manuals/help texts for the use of the Service.
End User: every natural person who makes use of the Service.
Intellectual Property Rights: all intellectual property rights and related rights, such as copyright, trademark, patent, design, trade name, database and neighbouring rights, as well as rights to know-how and performances on a par with a patentable invention.
Internet: telecommunication infrastructure intended for the performance of information services between the Customer and the Supplier.
Party: any party to the Agreement.
Product: any product to be made available, to be delivered or delivered by the Supplier on the basis of the Agreement or an equivalent product according to public opinion, including Software.
Server: a computer managed by or on behalf of the Supplier with web server software installed.
Service: service as specified in an Assignment Form and/or in the SLA.
SLA: the Service Level Agreement, if any, agreed between the Supplier and the Customer.
Software: Computer software made available as plug-in from a Server, including the manual for its use intended for the Customer
Specifications: the requirements agreed in respect of the Service and/or the Product
Supplier: Complianz.
System: the entirety of equipment and Software.
Terms and Conditions: these General Terms and Conditions.
Website: www.complianz.io or other similar forms of providing access to or making available of information, by means of which Products and/or Services or related information are made available.
2.1 These Terms and Conditions shall apply to all Agreements and other acts and legal acts between the Supplier and Customer, even if those acts or legal acts should not result in, or are not related to, an Agreement.
2.2 Unless expressly agreed otherwise, the applicability of other general terms and conditions is excluded.
3.1 Any communication between the Supplier and the Customer may take place electronically, except insofar as these Terms and Conditions and/or the Agreement and/or the law deviate from this.
3.2 The version of the relevant communication received or stored by the Supplier is considered to be proof thereof, unless the Customer provides evidence to the contrary.
3.3 Electronic communication shall be deemed to have been received on the date of its transmission, unless the recipient provides proof to the contrary. If the communication has not been received as a result of delivery and/or accessibility problems with respect to the Customer’s email box, this shall be at the Customer’s risk, including if the email box is located with a third party.
4.1 Any statements made by the Supplier with respect to the provision of Services and/or Products shall be regarded as an invitation to make an offer. Unless a separate written agreement is concluded, the Agreement shall be concluded by the Supplier’s confirmation of the Customer’s order. Confirmation may occur electronically (for example via the Supplier’s website, by email, by SMS, or by means of similar technologies) or, if agreed, in writing (by letter).
5.1 The Supplier shall provide the Customer with the service stated in the Assignment Form. To this end, the Supplier shall provide the Customer with the relevant information for use of the Software by an End User (or by the Customer on behalf of other End Users).
5.2 The Customer may allow End Users within its organisation to use the Service for its organisation’s internal purposes. If agreed in advance, or with the “Agency” version of the Software, the Customer may also allow End Users outside its organisation to use the Service insofar as such use forms part of the broader service to those End Users. A fair use policy may apply.
5.3 The Supplier shall make every effort to implement any amendments to the law or new case law in the short term and shall amend the Software from time to time.
5.4 The Supplier shall take appropriate technical and organisational measures to protect the Customer’s data stored on the Server.
5.5 The Supplier shall have the right to modify the Software from time to time in order to improve the functionality and to correct errors. The Supplier shall make every effort to resolve any errors in the Software, but cannot guarantee that all errors will be remedied. If an adjustment leads to a change in the functionality, the Supplier shall inform the Customer thereof prior to the adjustment.
5.6 Article 5.5 shall not apply to Software purchased by the Supplier from third parties, except for the provisions of the first sentence of Article 5.5. In respect of the use and maintenance of that Software, the Supplier may never be held liable for more than or different from what applies in the relationship between the Supplier and its relevant supplier.
6.1 The Customer and End Users determine which information will be made public through the Service. The Supplier has no knowledge of this information. The Customer is therefore responsible for ensuring that this information is lawful and does not infringe on the rights of third parties. The Customer indemnifies the Supplier against claims by third parties based on the statement that the information published by the Customer or End Users with the help of the Service is unlawful.
6.2 The Customer shall keep confidential any user names and passwords provided by the Supplier to the Customer. The Supplier shall not be liable for any misuse of user names and passwords and may assume that a user who registers with the user name and password of an End User is actually the End User. As soon as the Customer becomes aware or has reason to suspect that user names and passwords have fallen into the hands of unauthorised persons, the Customer shall inform the Supplier thereof, without prejudice to the Customer’s obligation to take effective measures immediately.
6.3 If the Customer wants to use the IAB-TCF function, the use of the default TCF banner together with the WordPress auto-update function is mandatory. The customization of that banner and the cookiepolicy is restricted. The Customer should first contact the Supplier and get approval before making any changes to the banner or the text of the cookiepolicy. Also see article 17.4.
7.1 The Supplier reserves the right to temporarily take the Service out of operation for the purpose of maintenance, modification, or improvement of the computer systems of the Supplier. To the extent possible, the Supplier shall undertake efforts to effect any such taking out of service outside office hours and shall inform the Customer of the planned taking out of service in good time. The Supplier shall never be obliged to pay the Customer any compensation on account of taking the Service out of operation.
8.1 If an SLA has been concluded with the Customer, the Supplier shall support the Customer in using the Service in accordance with the SLA.
8.2 Unless otherwise agreed upon in a separate agreement or in the SLA, the Supplier shall not perform any support activities at the Customer’s business premises.
9.1 The Customer shall pay the price stated in the Agreement for the Services and Products ordered by the Customer. Payment shall be made in the manner indicated by the Supplier on the Assignment Form, in the SLA, or elsewhere on a Website, without prejudice to the provisions of Article 9.5.
9.2 Prices are inclusive of VAT and other government levies, unless stated otherwise.
9.3 In the event of payment against an invoice and the Supplier offers this possibility, the Customer shall pay within 30 (thirty) days of receipt of the invoice, unless the Supplier has stated another term. An invoice sent electronically shall be deemed to have been received on the date of transmission. Invoices sent by post shall be deemed to have been received within 2 (two) days after the postmark in the Benelux and within 5 (five) days after the postmark in other countries.
9.4 In the event of late payment, the Supplier shall have the right: 1) to charge the statutory interest on the full amount due from the date on which payment should have been made until the date on which the amount due has been received by the Supplier without any notice of default or notification being required; and 2) to transfer the claim to a third party for collection after notice of default. The Customer shall reimburse all costs incurred by the Supplier and this third party to collect the amount due, including costs of legal assistance, legal costs and extrajudicial costs, the last-mentioned with a minimum of 15 (fifteen) percent of the outstanding sum, except insofar as this (in view of the amount of the outstanding sum) would be considered unacceptable according to standards of reasonableness and fairness. A notice of default may be sent electronically if the Customer has opted for electronic payment or if payment has taken place after receipt of an invoice sent electronically.
9.5 The Supplier reserves the right to demand a method of payment other than that specified by the Customer, without stating any reasons.
9.6 Once per calendar year, the Supplier shall be entitled to review the rates applied on the basis of the consumer price index (CPI) then published, as determined by Statistics Netherlands (CBS) for the year prior to the year in which the price increase will occur. The Supplier shall inform the Customer of any changes in rates at least 2 (two) months in advance.
10.1 All goods delivered by the Supplier shall remain the property of the Supplier or its suppliers until the amount due under the Agreement has been paid in full, including any interest and collection costs due.
10.2 If the goods supplied (partly) concern a right to use Intellectual Property Rights, as in the case of Software, the Customer shall be granted a right to use them under the relevant Intellectual Property Rights within the meaning of Article 11.1. In that case, the Supplier may terminate the right of use by notifying the Customer if the amount due has not been paid on time and no payment is made within 14 (fourteen) days of said notification.
11.1 The Intellectual Property Rights to all Software made available by the Supplier within the scope of the Agreement shall remain vested in the Supplier or in the third party from whom the Supplier has acquired the right to make (part of) this Software available to the Customer. The Supplier hereby grants the Customer only a right of use that is not exclusive and non-transferable, unless explicitly provided otherwise or differently in the Agreement.
11.2 If, in the opinion of the Supplier, it is plausible that it will be established that the Software made available by the Supplier under the Agreement infringes on any right of a third party, the Supplier shall be entitled, at its discretion, (1) to ensure that the Customer can continue to use the Software made available, or (2) to discontinue the provision of the relevant Services in return for payment of a reasonable fee for the use thereof and, if applicable, to reimburse any excess, or (3) to make equivalent Software available, in the Supplier’s reasonable opinion. Any further liability, obligation to further fulfilment, or obligation to pay compensation is hereby excluded.
11.3 The Customer warrants that, if and insofar as it makes materials or data available to the Supplier within the scope of the Agreement, it shall be entitled to do so and that these materials and data do not infringe on the rights of third parties.
11.4 The Customer may not remove or alter copyright markings, trademarks or other indications of the owner of Intellectual Property Rights from or in the Software provided. The same applies to statements to the effect that certain information is confidential in nature.
11.5 Except to the extent permitted by mandatory law, the Agreement or any applicable open source licences, the Customer may not reproduce, decompile or reverse engineer any Software provided. Furthermore, it is not permitted to remove or circumvent protections or technical (user) restrictions of the Software.
11.6 The Supplier indemnifies the Customer against claims by third parties that Services provided under the Agreement infringe on Intellectual Property Rights in the Netherlands or are otherwise unlawful, on the condition that the Customer informs the Supplier forthwith of the existence and content of such claims and that the Customer allows the Supplier to conduct negotiations in respect of these and/or to seek a settlement and/or to defend itself in any proceedings. If and to the extent necessary, the Customer hereby gives the Supplier irrevocable power of attorney to defend such claims in and out of court and to seek a settlement. The Customer undertakes to provide the Supplier with all information and cooperation reasonably required for this purpose. The Supplier’s obligation to indemnify shall lapse if and insofar as the alleged infringement is caused by changes in the Services provided by the Customer or by a third party on behalf of the Customer, by the use of Software in combination with Software not supplied by the Supplier, or as a result of use in a manner other than that for which the Services supplied were developed or intended.
11.7 One or more open source licenses may apply to a number of software modules used in the Software. This Agreement shall not limit the rights that such licences may confer on the Customer in addition to this Agreement. Only if a right to do so exists shall the source codes of these modules be available to the Customer for a period of at least 3 years, starting on the day of this Agreement.
12.1 The use of the Service may involve the processing of personal data. In such a case, the Supplier and the Customer shall enter into a Data Processing Agreement.
12.2 All employees who act under the authority of the Supplier and who have access to the personal data shall observe confidentiality with respect to the personal data they become aware of, unless they are under an obligation to disclose such information pursuant to any statutory regulation.
12.3 The Supplier shall take all appropriate technical and organisational measures to protect the personal data against loss or any form of unlawful processing. These measures shall be appropriate, taking into account the state of the art and the costs involved, and shall also be aimed at preventing unnecessary collection and further processing of personal data.
13.1 Defects reported by the Customer to the Supplier shall, at the Supplier’s discretion, either be rectified or replaced free of charge, unless the occurrence of these Defects is attributable to the Customer, or the Agreement or the SLA already contains an arrangement in this respect. In the event of replacement of a Product, the return costs shall be for the account of the Customer. In the case of Software, imperfections that do not substantially restrict normal use are not covered by this warranty and, furthermore, in the case of Software originating from third parties, the Supplier shall never be obliged to more or something else than that which is applicable in the relationship with the relevant suppliers of the Supplier.
13.2 Third parties that have granted the Supplier the right to make (part of) this Software available to the Customer do not provide any guarantees to the Customer .
14.1 The Supplier shall never be liable for any indirect damage suffered by the Customer or third parties, including consequential damage, loss of turnover and profit, loss of data, and immaterial damage.
14.2 The Supplier’s liability towards the Customer, for whatever reason, shall be limited per event (whereby a sequence of correlated events shall be deemed to be a single event) to the fees actually paid by the Customer to the Supplier in the current calendar year (excluding VAT).
14.3 With due observance of the provisions of Article 11.6, the Customer indemnifies the Supplier against all claims by third parties, for whatever reason, in respect of compensation for damage, costs or interest in connection with this Agreement or the use of the Products and/or Services.
14.4 The previous paragraphs of this article shall not apply if and insofar as the relevant damage was caused by intent or wilful recklessness on the part of the Supplier or its employees.
15.1 A party shall not be bound to fulfil any obligation, if it is prevented to do so as a result of force majeure. Force majeure shall also be understood to mean a non-attributable failure on the part of third parties or suppliers engaged, as well as any situation in which the relevant party cannot actually exercise any (decisive) control, with the exception of obligations to pay.
15.2 As soon as it becomes clear that the force majeure situation will last for longer than 3 (three) months, the other party shall have the right to terminate this Agreement without being liable for compensation.
16.1 If and insofar as confidential information of one Party is brought to the knowledge of the other Party in the performance of the Agreement, this receiving Party shall only use this information for the performance of this Agreement and restrict access to that information to persons who need to take cognisance thereof for that purpose. The parties warrant that an employment contract and/or a confidentiality agreement shall oblige these persons to maintain the confidentiality of such confidential information.
16.2 Confidential information shall not include information that was already in the public domain at the time it became known or subsequently became known, or information that the receiving Party has also received from a third party without a confidentiality obligation being imposed or that third party being obliged to do so.
17.1 Unless otherwise stipulated, the Agreement is entered into for an indefinite period of time and may only be terminated with due observance of a notice period of 2 months.
17.2 If the Agreement is entered into for a definite period of time, the Agreement will be automatically extended each time for a period of one (1) year, unless one of the Parties terminates the agreement at the end of its duration, with due observance of a notice period of 10 days, which notice may be given without reason and motivation.
17.3 In the event of (temporary) suspension of payments, bankruptcy, cessation or liquidation of the business of one Party, the other Party shall be entitled to dissolve this Agreement in whole or in part without the other Party being liable to pay compensation.
17.4 If one Party fails to fulfil any of its obligations arising from any Agreement properly or not within a prescribed period or otherwise in a timely manner, said Party shall be in default and the other Party shall be entitled to dissolve the Agreement in whole or in part without notice of default being required, without prejudice to the other rights of the dissolving Party and without the dissolving Party being liable to pay compensation.
17.5 In the event of dissolution as referred to in paragraph 3 or 4, all claims of the dissolving Party against the other Party shall be immediately due and payable in full. The other Party shall be obliged to take the necessary measures to allow the dissolving Party to assert its rights.
17.6 In the event of of dissolution or termination as referred to in Articles 17.1, 17.2, 17.3 and 17.4, the following obligations will continue after the end of the Agreement:
– outstanding payments;
– confidentiality;
– Intellectual Property Rights;
– liability.
These shall continue to exist for as long as the Supplier can reasonably claim their continuation.
18.1 Amendments and additions to any provision of the Agreement and/or the Terms and Conditions shall only be valid if they are agreed in writing and/or electronically. This shall be deemed to constitute an agreement as to burden of proof. If an amendment and/or addition as referred to in this paragraph is agreed upon, this amendment or addition shall only apply to the relevant Agreement.
19.1 These Terms and Conditions, as well as all Agreements, shall be governed by the laws of the Netherlands. The regulations relating to general terms and conditions in the Dutch Civil Code shall not apply in the relationship with Customers, other than consumers, from outside the Netherlands.
19.2 Third parties do not enter into any Agreement between the Supplier and the Customer on the basis of a third-party clause in these Terms and Conditions or the Agreement.
19.3 The provisions in these Terms and Conditions and the Agreement jointly determine the legal relationship between the parties and shall replace all previous agreements or statements made by the Supplier with respect to the subject of the Agreement. This shall be deemed to constitute an agreement as to burden of proof.
19.4 Except insofar as this would be unacceptable according to standards of reasonableness and fairness, the wording shall in the first instance be decisive for the interpretation of the Agreement. If the wording, also read together, cannot lead to an interpretation that is reasonable in the given circumstances, the reasonable (commercial) intentions of the parties shall be used as a criterion for the interpretation.
19.5 The Supplier may engage third parties in the performance of the Agreement at its own discretion.
19.6 The Supplier may transfer rights and obligations under the Agreement to third parties and shall inform the Customer thereof. If the transfer of obligations to a third party is reasonably unacceptable to the Customer, the Customer shall be entitled to terminate the Agreement within 5 (five) days of receipt of the said notification.
19.7 Should any provision in these Terms and Conditions or the Agreement, which is essential in the reasonable opinion of the Supplier, be void or otherwise be unenforceable, the Supplier shall be entitled to destroy the remaining content of the Agreement, except to the extent that this would be unacceptable according to standards of reasonableness and fairness in the given circumstances.
19.8 Insofar as any national or international mandatory legislative provision does not provide otherwise, all disputes between the Parties shall be submitted to the competent court in the district in which the Supplier has its registered office
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