Terms and Conditions

Terms and Conditions of Aubergini

1.  General

1.1. Use of this Website and access to the products, services, and material available via the Website (all together, the “Services”) are subject to the terms, conditions and amendments to the terms and conditions of Aubergini (hereafter, the “Terms of Service”). By using the Services, you agree to all of the Terms of Service, including updates and amendments.

1.2. Our customers, suppliers and business partners are expected to check our terms regularly to remain aware of any changes we may have made to the Terms of Service.

1.3. Access to this Website is not perpetually. Aubergini reserves the right to withdraw or amend the Services without notice. Aubergini is not be liable if due to any reason whatsoever this Website is unavailable at any time.

1.4. When solely decided to do so, we may restrict access to parts of or the entire Website. The Website may contain links to other websites, which are not operated by or under responsibility of Aubergini (the “Linked Sites”). Aubergini has no control over the Linked Sites and is and shall not be liable for any losses or damages of any kind that may arise from use of them. The use of the Linked Sites is subject to the terms of use and service governed by parties responsible for such a site.

  1. Linking to Aubergini and this Website

2.1. Third parties or individuals (collectively third parties) may link to our home page fairly and legally in a way that it does not harm our reputation. Third parties are not allowed to establish or suggest a link to Aubergini or this Website in such a way that it demonstrates any form of association, approval or endorsement on our side while none is the case upon mutual written agreement.

2.2. This Website must not be framed on any other site unless one has prior written consent from Aubergini’s duly authorized authorities, nor may one create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission at any time without notice.

  1. Amendments

3.1. Aubergini has the right in its absolute discretion at any time and without prior notice to amend, remove or change the Services and/or any page of this Website.

 

  1. Intellectual Property

4.1. The intellectual property (IP) rights of all software and the content made available on or via this Website remains the property of Aubergini or its licensors.

4.2.  The rights mentioned under 4.1. are protected by Dutch and international copyright laws. All such rights are reserved by Aubergini and its licensors.

4.3. Third parties or individuals may store, print and display the content made available on and or through this Website solely for their own use.

4.4. Unless otherwise agreed upon prior written consent of duly authorized representatives of Aubergini, no party is authorized to publish, duplicate, distribute or reproduce any part or parts of the content or copies of the content displayed on this Website, in any format including but not limited to digital (e.g. text, image, and video)  or printed versions.

4.5. In addition to 4.4. the content on the Website cannot be used in connection with any business or commercial enterprise.

4.6. Unless explicitly permitted by duly authorized representatives of Aubergini, no party is authorized to modify, translate, reproduce, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation provided by Aubergini, its subsidiaries or licensors.

4.7 Aubergini’ s logos are trademarks of Aubergini. No licenses or consent is granted to third parties to use these marks in any way and anywhere. Unless otherwise permitted by Aubergini upon prior written consent, using Aubergini’ s trademarks or any marks, signs or colors that have similarity and or suggest any link with Aubergini are prohibited. Doing otherwise will be subject to Dutch IP infringement laws.

  1. Limitation of Liability

5.1. While Aubergini is committed to provide accurate information, data, and content on this Website it cannot guarantee this.

5.2  In no event shall Aubergini be individually liable to any other parties for any damages for breach of fiduciary duty by third-parties, unless the Aubergini’s act or failure to act involves intentional misconduct, fraud, or a knowing violation of the law.

5.3. Notwithstanding anything written herein to the contrary, the other party (any party) and Aubergini acknowledge and agree that the Aubergini will not be liable for any losses or damages, whether direct, indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the other party has been advised or otherwise might have anticipated the possibility of such loss or damage.

5.4. In order for any party to benefit from the material and services as provided on or via the Website, the party agrees to limit Aubergini’ s liability arising from the Aubergini’ s professional obligations, errors or omissions, such that the total liability of Aubergini shall not exceed the Aubergini’s total fees for the services rendered for the duration of the agreement between Aubergini and the other party.

5.5. Aubergini’ s liability or that of any Aubergini’ s  contract party for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability will follow the applicable law.

  1. Indemnity

6.1. Any party using the material and services on and through this Website agrees to indemnify and hold harmless Aubergini, its directors, officers, employees, consultants, agents, subsidiaries, and affiliates from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from their use of this Website including its content or your breach of the Terms of Service.

  1. Survival

7.1. Should any part of the Terms of Service, including any provision in which we exclude our liability, be unenforceable all other parts of the Terms of Service shall remain in full force.

  1. Waiver

8.1. If one breaches any of  the conditions as set out on this Website and or any other documentation of Aubergini and Aubergini takes no action, Aubergini is still entitled to use its rights and remedies in any other situation where one breaches these conditions.

  1. Governing Law

9.1 These terms and conditions are to be construed in accordance with the laws of The Netherlands.

9.2. In case of any dispute or claim associated with these terms and conditions, the dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.

  1. Entire Agreement

10.1. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between the user of Aubergini’ s services and Aubergini.

10.2. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by duly authorized representatives of Aubergini.

 

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