Article 1: Definitions
The private company with limited liability Oberst B.V., with offices in (1018 GW) Amsterdam (The Netherlands), at Sarphatistraat 370, registered with the Chamber of Commerce under number 14126660 0000;
User: The (legal) person who uses the services available on the Website
Provider: The (legal) person who offers information, offers, vouchers, products or services pointed towards on the Website by means of a (hyper)link or any other way;
Offers: All offers, information, vouchers, products, services or expressions by the Provider pointed towards on the Website by means of a (hyper)link or any other way.
Article 2: Applicability
- By use of the Website and/or services, in any way, the User accepts these general terms.
Article 3: Use of the Website
- The User guarantees Oberst that he/she is authorised to use the Website and to act according to these Terms.
- The User guarantees Oberst that he/she will always comply with the obligations defined in these Terms and will respect all legislation and regulations applicable to the use of the Website.
- Regardless of the other clauses of these Terms, the activities the User carries out in the framework of the use of the Website can never:
i) Be based on false facts and/or be misleading;
ii) Infringe rights of Oberst or of third-parties, including copyrights, related rights, trademark rights or any other intellectual property rights;
iii) Conflict with any legislation, regulation, ordinance or any other applicable regulation;
iv) Contain viruses, Trojans, worms, bots or any other software able to damage an automated work, make it unusable or inaccessible, erase or appropriate it, or that is meant to avoid the Websites and/or Oberst’s computer systems’ technical security measures;
v) Have a commercial character, unless being granted authorisation thereto in writing by Oberst;
vi) In any other way be wrongful with regard to Oberst and/or third-parties.
Article 4: Account
In order to be able to use the Website it may be mandatory to create an account. The way in which an account needs to be created, is described on the Website.
The User guarantees Oberst that the information provided to Oberst, including personal data is complete, true and accurate. The User agrees that Oberst records this data and uses it in relation with the account management.
The User is not allowed to create an account on behalf of a third-party, without the express consent of that third party.
The User himself/herself is responsible for keeping the account password secret for third parties, and it is forbidden for the User to allow access to the Website to third parties by making use of his/her account. The User is liable for any damage caused by the use of the account by third parties, regardless of eventual authorisation or knowledge by the User.
Article 5: References
- Oberst does not present offers on the Website itself. Oberst only points to Offers by the Provider by means of (hyper)links or other means. The Offers that are referenced are not related to Offers from Oberst itself in any case.
- All references to Offers on the Website are completely non-committal and Oberst references these Offers as being non-binding information. Oberst is not responsible for the accurateness and completeness of the (reference to the) Offers and the data being provided on the Website by it or on behalf of it.
- Oberst can never be kept to the Offers that are referenced on the Website.
- It is possible that the Website contains applications, content and services from third parties and/or links to third party websites. The inclusion or presence of third party content on the Website does not implicate Oberst’s approval or checking of this content. Oberst is not responsible for third party content or content method or for any kind of use thereof by users of the Website.
Article 6: No agreement conclusion between Oberst and User
- The Website only shows general information and only references Offers from the Provider. By showing and referencing these Offers and by the whether or not making use of these references and Offers by the User and/or third parties, no agreement is concluded between Oberst and the User and/or third parties, other than the registration agreement between the User and Oberst.
- The Website only has a general informative character and does not constitute an Offer from Oberst to execute work or deliver services on behalf of the User, other than the option of using the Website.
- The Offers cannot be viewed as service delivery (including consultation or negotiation) on behalf of the User. Oberst does not negotiate for the purchase of any goods or the establishment of any agreement or any other legal relationship between User, Provider or third parties.
- The information that can be obtained is not focused on theWebsite User’s concrete situation. It is recommended that the User contacts the Provider in case the information obtained through this Website would give rise thereto.
Article 7: Guarantees
- Oberst does not offer any guarantee. Guarantees on goods and services related to the Offers referenced by Oberst, are explicitly excluded by Oberst.
- Oberst can never be held responsible for the suitability or (non-)conformity of the Provider’s goods or services, neither for any advice with regard to the use nor the application of the Provider’s goods or services.
Article 8: Liability of Oberst: Safeguard
- The information provided, and Offers referenced by Oberst have been derived from sources that can be considered trustworthy by Oberst, but Oberst does not vouch for its completeness and accurateness. Oberst endeavours to continuously maintain the Website and keep it up-to-date, but it does not vouch that the content of (parts of) the Website is still correct, complete or up-to-date after some time or when the Website is consulted. The provided information is only indicative and can be changed at any moment and without notice. The User is responsible for the use of the information.
- The websites that can be visited from the Website, respectively the websites from which the Website can be visited, are not organised by Oberst; neither are they being maintained by Oberst. Oberst is not liable or responsible for the content of these websites.
- Oberst does not accept liability for any damage as a result of the use of its Website, the Offers referenced on its Website, and the information mentioned on its Website (or the impossibility to use it), including damage caused by viruses or incorrectness or incompleteness of (I) the information, (II) information on or via a website referenced on its Website, or (III) information from or via a website referencing its Website, (IV) information that is placed on the Website without prior consultation with Oberst.
- Oberst can never be held liable for inaccuracies or omissions arising from passing on or sending of information, delays or errors in the transmission of data, communication disorders, problem in reaching the persons mentioned by the Provider, (the consequences of) computer, pager, telephone or telefax disorders, programming errors, disorders or interruptions of a fixed-line connection, whatever the cause of these might be.
- All liability of Oberst for (in)direct damage, resulting damage, loss of profit, missed savings, decreased goodwill, damage due to business stagnation, damage as a result of claims by clients, related to the use of the Website, to content that has been placed on the Website (by third parties or by Oberst), to Offers referenced on the Website or to acts in violation of these Terms by the User, is excluded, except for damage caused by intent or gross negligence on the part of Oberst.
- The User safeguards Oberst for all claims of third parties coming from the use of the Website by the User.
- Oberst does not regulate the communication between visitors themselves or between visitors and the Website from a content point of view. As such, Oberst does not have any control over the quality, security, legality, integrity or accuracy of the different parts of the Website. Oberst is not liable for acts (or failure to act) of User of the Website, including the files, data and/or materials they make available on the Website. As such, Oberst does not give any guarantee as to the content of files, data and/or material that are made available by the User.
- Insofar as Oberst would happen to be liable, this liability on behalf of the User and/or third party is on any account, at all times and per event (where a series of related events counts as one event only), limited to the remunerations (excluding VAT) paid by the User to Oberst during the current calendar year for the products and/or services from which Oberst’s liability has resulted.
Article 9: Intellectual Property Rights
- The intellectual property rights (including copyrights, database rights, related rights, trademark rights and patents), related to (all parts of) the Website – including lay-out, graphical elements, text, pictures, etc. – as well as the rights related to all Offers, references and publications that can be consulted through this Website, remain exclusively with Oberst, insofar as these rights do not (also) pertain to third parties.
- It is not permitted for the User of this Website to (have) download, copy, transfer, multiply, edit or divulge (parts of) this Website (such as files, data, software and/or material) in any way, under any form and for whichever goal, without the prior written consent from Oberst or the concerned party. The User of this Website is only allowed to make use of a reproduction of (parts of) this Website for his own personal (i.e. non-professional or company-related).
- It is not permitted to request or reuse substantial parts of the Website or to request or reuse repeatedly and systematically non-substantial parts of the Website, as meant in the Database Law, without written authorisation from Oberst.
- Nothing of what is mentioned in these Terms and/or on the Website is meant to transfer any intellectual property rights and/or grant any intellectual property rights to the User. The use the User is allowed to make of the Website is limited to what is included in these Terms.
- It is not permitted to remove, make unreadable, hide or change notifications or references related to intellectual property rights.
Article 10: Discontinuation of use and account removal
- In addition to the other (legal) means that are at the disposal of Oberst, at all times, without having to state a reason and without prior explanation, Oberst is entitled to (temporarily) limit, suspend or discontinue the User’s activities related to the Website, to discontinue and/or remove the User’s account temporarily or definitively, to remove files, data and/or material, to emit a warning, to discontinue the service and to refuse to deliver services to the User, especially – but not limited to – if:
ii) It is Oberst’s opinion that the User’s actions could cause damage or liability to himself/herself, to
other users or to Oberst.
- Oberst will not be liable in any of the cases mentioned in this article.
- Oberst does not guarantee that the service of Oberst will be accessible at all times and without interruptions or malfunctions.
- The User is always entitled to terminate their account without offering an explanation.
Article 11: Personal data
- Oberst complies with the laws for the Protection of Personal Data. For further information see the the Privacy Statement.
Article 12: Applicable Law
- On all Offers, agreements or the complete legal relationship between Oberst and the User, only Dutch Law will be applicable. If a dispute is being presented to a court, it is only the Court of Amsterdam that is authorised to judge about the dispute.